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Evans asks court to quash ‘defective’ charges filed against him

Evans asks court to quash ‘defective’ charges filed against him
March 01
09:08 2018

Chukwudumeme Onwuamadike, suspected kidnap kingpin better known as Evans, has asked a Lagos high court sitting to quash the charges filed against him by the state government.

The state government had brought a fresh five-count charge bordering on conspiracy to kidnap, kidnapping and attempted murder against Evans and three others.

NAN reports that Evans is charged alongside Joseph Emeka, Ugochukwu Nwachukwu, Victor Aduba and Linus Okpara.

At the resumed hearing on Wednesday, Olukoya Ogungbeje, counsel to the first defendant (Evans), informed the court that he had filed a motion on notice to quash all the charges.

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In the motion, Ogungbeje said all the charges and the proof of evidence before the court did not establish any prima facie case against his client.

He said the charges were “grossly defective, incompetent and constituted an abuse of court processes” and that the prosecution had earlier filed similar charges bordering on kidnapping against Evans at the same court.

Ogungbeje said the two separate charges were brought in bad faith to “harass, oppress, hound, frustrate, vex and intimidate the first defendant. It will be in the interest of justice if all the two separate charges are quashed and the defendant is accordingly discharged”.

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But Titilayo Shitta-Bey, the state director for public prosecutions, said there were sufficient proof and evidence linking the first defendant to the offences brought before the court.

She, therefore, urged the court to dismiss the application.

Shitta-Bey said Evans was charged with the offence of conspiracy to commit kidnapping and abduction of one Uche Okereafor and that other charges filed against him before other judges involved different defendants, different offences, and different victims.

“This particular charge is premised on Evans involvement in the kidnapping of Okereafor and collecting ransom in the sum of two million dollars from his family,” she argued.

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The DPP, therefore, urged the court to dismiss the submission of the first defendant as it constituted opinions, conclusions and argument contrary to section 115 of the Evidence Act.

Adedayo Akintoye, the presiding judge, adjourned the case until March 22 for a ruling.

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