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  • Court orders Public Defender to takeover alleged kidnapper, Evans’ case

    Court orders Public Defender to takeover alleged kidnapper, Evans’ case

    Justice Hakeem Oshodi of an Ikeja High Court on Friday ordered the Lagos State Office of the Public Defender (OPD) to takeover the defence for alleged kidnap kingpin, Chukwudimeme Onwuamadike, alias Evans due to his inability to afford his legal fees.

    During Friday’s proceedings, the Lagos State Attorney-General (A-G), Mr Moyosore Onigbanjo (SAN) informed the court that his team placed a phone call to the law chambers of Ladi Williams (SAN) and Co, who represented Evans’ on the last court date to enquire about the whereabouts of Evans’ counsel.

    The A-G noted that his team were informed by the law chambers that Evans has not “perfected their brief”.

    The News Agency of Nigeria (NAN) reports that Evans who was arraigned alongside five others on Aug. 30, 2017 on two counts of conspiracy and kidnapping has changed lawyers at least five times during the course of his trial.

    Some of the lawyers who have represented Evans include – Mr Olukoya Ogungbeje, Mr Noel Brown and Mr Olanrewaju Ajanaku.

    Reacting to the absence of his defence counsel, Justice Oshodi noted that Evans had developed a habit of engaging the services of lawyers who according to the judge, “disappeared halfway through trial” and this has caused delays in the case.

    “There are five other defendants with different counsel, the interest of the first defendant (Evans) is not superior to those of the other defendants.

    “The court will not breach Section 36(6) of the 1999 Constitution by going ahead with today’s business of the court which is the hearing of the no-case submissions,” he said.

    Justice Oshodi thereafter ordered an OPD counsel who was in court, Ms E.E. Okonkwo, to takeover Evans’ defence.

    Following the judges ruling, Evans co-defendants -Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba filed no-case submissions asking the court to dismiss the charges against them.

    The second defendant, Uche Amadi, however did not file a no-case submission.

    The defence counsel, Roger Adewole, Olanrewaju Ajanaku, M.C Izokwu and Emmanuel Ochai told the court that no prima facie (correct until proven otherwise) case has been made against the defendants by the state.

    The lawyers urged the court to dismiss the case against the defendants.

    Responding, the A-G asked the court to dismiss the no-case submissions of the four co-defendants.

    “The defendants are asking the court to do something that cannot be done. They are asking the court to analyse evidence and go beyond the window that no-case submissions requires.

    “All that the court needs to do is to show that there is prima facie evidence. There is before the court, legally admitable prima facie evidence enough for the defendants to enter their defence.

    “I urge the court court to dismiss all the applications and that the defendants proceed to enter into their defence” Onigbanjo said.

    Justice Oshodi adjourned the case until Aug. 14 for ruling and possible continuation of trial.

    NAN reports that the defendants are standing trial over the alleged kidnap of Mr Donatius Dunu, the Chief Executive Officer of Maydon Pharmaceutical Ltd.

    According to the prosecution, the defendants allegedly kidnapped Dunu along Ilupeju Road, Lagos on Feb. 14, 2017 and collected 223,000 Euros (N100m) as ransom from his family.

    The pharmaceutical boss, allegedly still held captive by the defendants because his family had not paid additional money to the ransom already collected, escaped captivity and alerted the police.

    Four witnesses including Dunu have testified during the trial on behalf of the prosecution and on Jan. 10, the prosecution closed its case against the defendants.

  • JUST IN: Public defender to take up Evans’ case as trial stalls again

    The absence of defence counsel on Friday stalled the trial of alleged kidnap kingpin, Chukwudimeme Onwuamadike, alias Evans and five co-defendants in an Ikeja High Court.

    Friday’s proceedings which was slated for the adoption of arguments in the defendant’s no-case submission, was stalled due to the absence of the defence counsel for Uche Amadi and Ogechi Uchechukwu (second and third defendants respectively).

    Recall that a similar occurrence happened on March 13. On that day, proceedings were also stalled due to Evans having no legal representation.

    Registering his displeasure over the absence of Amadi and Uchechukwu’s defence counsel, Justice Hakeem Oshodi, queried why they did not make an appearance in court in spite of being notified of the proceedings.

    “The court notes with disgust the attitude of the counsel to the second and the third defendants. Their absence today has stalled any progress in this case.

    “The second and third defendants should note that if they are not present during the next adjourned date, the Office of Public Defender (OPD) will have to take up their case.

    “The Directorate of Public Prosecution (DPP) should notify the OPD of the next adjourned date. This case is adjourned to July 3, 2020 for adoption of no-case submission,” Justice Oshodi said.

    Earlier during proceedings, the Lagos State Attorney-General and Commissioner for Justice, Mr Moyosore Onigbanjo (SAN) had also requested that the court should make an Order that the OPD should represent Amadi and Uchechukwu on the next court date if their counsel were still absent.

    Evans is standing trial alongside Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba over alleged kidnap of Mr Donatius Dunu, the Chief Executive Officer of Maydon Pharmaceutical Ltd.

    The six defendants were arraigned on Aug. 30, 2017 on two counts of conspiracy and kidnapping.

    The prosecution alleged that the defendants kidnapped Dunu along Ilupeju Road, Lagos on Feb. 14, 2017 and collected 223,000 Euros (N100m) as ransom from his family.

    The pharmaceutical boss, allegedly still held captive by the defendants because his family had not paid additional money to the ransom already collected, escaped captivity and alerted the police.

    Four witnesses including Dunu, testified during the trial on behalf of the prosecution and on Jan. 10, the prosecution closed its case against the defendants.

  • Evans seeks plea bargain on alleged kidnap attempt

    Alleged kidnap kingpin Chukwudimeme Onwuamadike has opted for a plea bargain with the Lagos State Government over his attempt to kidnap a leading transporter in Lagos.

    The Defence Counsel to Onwuamadike, Mr. R.B.C. Eke, disclosed this during proceedings at an Ikeja Special Offences Court on Friday.

    Onwuamadike, popularly known as Evans, is standing trial for his failed bid to kidnap Chief Vincent Obianodo, chairman of Young Shall Grow Motors Ltd., one of Nigeria’s leading transport companies.

    Eke announced Evans’ plea bargain plans after state counsel, Ms Olayinka Akudo, had told the court that Ubong (fourth defendant) had filed an application for plea bargain.

    “We received a plea bargain application on behalf of the fourth defendant dated [Wednesday] October 24, which was yesterday and we received same yesterday,” Akudo said.

    Responding, Eke said “the development (the fourth defendant’s plea bargain) came from us and the Directorate of Public Prosecutions will be hearing from us.

    “We have the intention to also file a plea bargain on behalf of the first defendant (Evans),” he said.

    Mr A.B. Josiah, Defence Counsel to Arinze (third defendant), told the court that Ubong’s proposed plea bargain agreement “does not concern Arinze.

    “We have no problem with the court defendant’s plea bargain agreement,” Josiah said.

    Arinze and Ubong had no legal representation in court.

    NAN reports that proceedings for Evans’ two criminal trials– the attempted kidnap of Obianodo and the kidnap of Mr Sylvanus Ahamonu, which were scheduled to hold on Friday were stalled, due to the absence of Insp. Idowu the Investigating Police Officer (IPO).

    Explaining Idowu’s absence, Akudo said: “unfortunately we do not have our witness in court. He is outside jurisdiction.

    “My lord, we will definitely do the needful during the next adjourned date.”

    Responding Justice Oluwatoyin Taiwo said: “your witnesses have not been coming to court. This witness is the IPO and he hasn’t finished his testimony.

    “There are other witnesses in this case. If the IPO is unavailable, you can call other witnesses for this trial.”

    NAN reports that in the Obianodo case, Evans and his three co-defendants face a seven-count charge of murder, attempted murder, conspiracy to commit kidnapping, attempt to kidnap and sales and transfer of firearms.

    According to the prosecution, Evans, Emeka, Arinze and Ubong committed the offences on Aug. 27, 2013 at Third Avenue in Festac Town, Lagos.

    Evans and his accomplices are alleged to have killed one Ngozi Chijioke and attempted to kidnap and kill Obianodo.

    The prosecution also alleged that in 2008, Ubong sold and transferred two AK47 rifles and 70 rounds of live ammunition to Evans.

    In the Ahamonu case, Evans and his co-defendant, Victor Aduba, a dismissed member of the Nigerian Army face a four-count charge of kidnapping and unlawful possession of firearms.

    Evans and the dismissed soldier are accused of kidnapping Ahamonu, holding him hostage for at least nine weeks and collecting a ransom of 420,000 dollars from his family.

    Taiwo adjourned both cases to Dec. 9 for continuation of trial.

  • Kidnapping: Court dismisses Evans' appeals to stop trial

    The Court of Appeal in Lagos on Monday dismissed three appeals by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, seeking to stop his trial at two high courts in Lagos State.
    A three-man panel led by Justice Jummai Sankey held that Evans’ appeals against three rulings of the Ikeja High Court were without merit.
    Other Justices on the panel were Justice Philomena Ekpe and Justice Muhammed Mustapha.
    In the three appeals, Evans challenged the lower courts’ jurisdiction and sought to strike out and quash the kidnap, attempted murder and murder charges filed by the government against him.
    In the first appeal against the ruling of Justice Oluwatoyin Taiwo of an Ikeja High Court, the first to fourth respondents were the Lagos State Government and Evans’ co-defendants; Joseph Emeka, Chiemeka Arinze and Udeme Upong
    Justice Taiwo, on November 10, 2017, dismissed Evans’ application seeking to quash an amended seven-count charge against him, dated October 26, 2017.
    The applicant also challenged the Ikeja High Court’s jurisdiction in the second appeal, where the respondents were the same.
    The appellate court consolidated both appeals and Justice Sankey held: “The appeals are hereby dismissed. The ruling of the lower court is affirmed. I hold that the lower court has jurisdiction to continue with the trial and to entertain all the counts of the charge.”
    In the third appeal, the first to fifth respondents were The State of Lagos and Evans’ co-defendants: Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi and Victor Aduba.
    Evans claimed that Justice Hakeem Oshodi erred in law when he held that the amended information/ charge dated October 19, 2017, filed by the first respondent, was incompetent without an accompanying or attached proof of evidence as required by law.
    But Justice Philomena Ekpe, who read the lead judgment, dismissed the appeal as being unmeritorious.
    Justice Ekpe held: “Accordingly, this appeal is adjudged unmeritorious. It fails and is therefore dismissed in its entirety. The ruling delivered by the lower court by Justice Oshodi on November 3, 2017, in suit NO ID/5970C/2017, is upheld. I make no order as to cost, appeal dismissed.”

  • Alleged kidnap: Counsel seeks to call Femi Falana as witness in Evans’ trial

    The Lagos State Prosecuting counsel, Mr Y.G Oshoala, in the trial of the suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, on Thursday filed an application seeking to add Mr Femi Falana,SAN, as a witness in the case.

    Oshala told an Igbosere High Court, Lagos that an issue came up during trial within trial which required that “we call an additional witness”.

    The News Agency of Nigeria (NAN) reports that on Jan. 16, Evans, told the court that his confessional statement which he made to the police after his arrest in 2017, was made under duress.

    Therefore a trial within trial was conducted to ascertain whether the defendant’s statement was actually made under duress.

    Evans is currently facing two separate charges, bordering on conspiracy to kidnap, kidnapping and attempted murder, before Justice Adedayo Akintoye.

    In the first charge, Evans is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    In the second charge, he is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.

    At the resumed hearing on Thursday, Oshoala told the court that during trial within trial Evans mentioned that Falana came to visit him while in police custody but was prevented from seeing him due to excessive torture which he was going through.

    The prosecutor therefore said he would want to call the SAN as a witness for the interest of justice.

    But the counsel to Evans, Mr R,B. Ekeh, said that he has not responded to the application, adding that other defendants’ counsel said that they were not served with the application.

    Oshala said that “the issue came up during trial within trial of the first defendant (Evans) therefore does not concern the other defendants”.

    Justice Adedayo Akintoye ordered that all the defendants be served, “those concerned will reply”.

    After this argument, the third defendant’s counsel, Mr S.E. Okeke, holding the brief of Mr J.C. Jiakponna, told the court that he had a bail application.

    He informed the court that he has served the medical director of Kirikiri Maximum Security Prison, the order made by the court on May 23, in which the director was orderd to issue a medical report on the state of health of the third defendant (Linus Opara).

    The counsel had claimed that Opara had a failed operation in prison which might require treatment at an outside hospital.

    Okeke, however, said that the prisons “have not reacted to it.

    “We will move our bail application after the prisons have reacted to the court’s order”.

    NAN reports that all the proceedings above took place when the second charge was called, in which Evans is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.

    Earlier, the first defendant’s counsel adopted his written address in the first charge.

    He told the court that it was the former counsel to Evans, Mr O.I. Ajanuku that prepared the address, adding that he would adopt same as his argument to the trial within trial in this particular charge.

    The Lagos State prosecuting counsel said he had filed a reply and would adopt it as his argument.

    Justice Akintoye, consequently, adjourned the case until Sept. 18 for ruling on the first charge and hearing of bail application on the second charge.

    NAN reports that the alleged kidnap kingpin was arrested on June 10, 2017 and was in August 2017 arraigned before Justice Hakeem Oshodi at an Ikeja High Court for kidnapping.

    He was also arraigned before Justice Oluwatoyin Taiwo of Ikeja High Court, Lagos, on different charges.

  • Ali Baba laments over Evans being on trial

    Revered comedian, Ali Baba has condemned the pace of the Nigerian legal system. He cited the example of alleged kidnap kingpin, Chukwudi Onuamadike, popularly known as Evans.

    Recall that Onuamadike was arrested in June 2017 after years of alleged abductions across the country where he was reported to demand huge amounts of money as ransom.

    Ali Baba in his Instagram post lamented over the slow pace of the Nigerian legal system.

    He wrote:”Evans is still on triallllllllllllll.

    “See why justice in Nigeria leaves a lot to be desired. The New Zealand shooter… had his day in court, no waste of time. The Boston Marathon bomber too did not even have time to plan an escape. The Nigerian diaper bomber… didn’t have time to take a leak and all of the other cases did not take 1 year. But in Nigeria, a case will go on for 20 years.

    “The lawyers who are on the case will get frustrated; move to another law firm; retire:; or die; get appointed into government; set up their own chambers; the judge will be transferred or promoted or retired or died… for one reason or the other, shaaaaaa justice will be delayed. That’s how cases have been killed. Young promising lawyers have been frustrated out of the legal world. Beautiful lawyers that would have made SAN in record time. Naaaaaa. We don’t do that,” he stated.

    The ace comedian is getting set to celebrate his 30 years on stage.

     

    https://www.instagram.com/p/Bv51rlgFFko/

     

     

     

  • Judge frowns at Evans attempt to delay trial

    Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court has expressed displeasure over attempt by billionaire kidnapper, Chukwudumeme Onwuamadike, alias Evans, to delay his trial.

    Reacting to a letter of adjournment written by Evan’s lawyer, Justice Taiwo described it as ridiculous.

    “It is ridiculous that we should wait for the first defendant (Evans) and his counsel to negotiate for a case that is already in court,” she said.

    The inability of Evans, to pay for his legal representation stalled two trials which are before the judge.

    Mr Chinoye Obiagwu (SAN), the counsel to Evans and Chiemeka Arinze his co-defendant in one of the kidnap cases, had written to the court to request for adjournment in both cases.

    Portions of the letter dated March 4 and signed by Mr Noel Brown on behalf of Obiagwu was read in court by Mr Abiodun Alagbe, the state prosecutor.

    Excerpts of the letter read: “Now that he (Obiagwu) is on hand to lead the defence, he finds that the families of the defendants are yet to provide some necessary yet critical obligations, which to prevent any embarrassment, and for the safety and well being of the defendants, who are still being held in custody, he (Obiagwu) would not want disclosed to the open court.”

    After he had read portions of the letter, Alagbe noted that Evans’ defence team were also absent in court on Feb. 6.

    In the first criminal suit, Evans is facing trial alongside Victor Aduba, a dismissed member of the Nigerian Army.

    The defendants are charged with four counts of kidnapping and unlawful possession of firearms.

    Evans and the dismissed soldier are accused of kidnapping Mr Sylvanus Ahamonu, holding him hostage for at least nine weeks and collecting a ransom of 420,000 dollars from his family.

    When the first suit was announced, Mr Emmanuel Ochai, Aduba’s defence counsel had told the court that he had also been served with a copy of Obiagwu’s letter.

    “I will not be objecting to the request for an adjournment, I was also informed that the first defendant have filed their written addresses,” Ochai said.

    Adjourning the case, Justice Taiwo said “The first and second defendants have filed submissions on the trial-within-trial, the prosecution has responded but are yet to serve the first defendant.

    “The first defendant’s counsel had been absent for two dates in a row.

    “This case is adjourned to March 20 for adoption of final written addresses.”

    In the second criminal suit, Evans is facing trial alongside Joseph Emeka, Chiemeka Arinze and Udeme Upong over the attempted kidnap of Chief Vincent Obianodo, the Chairman of the Young Shall Grow Motors.

    They face a seven-count charge of murder, attempted murder, conspiracy to commit kidnapping, attempt to kidnap and sale and transfer of firearms.

    When the suit was announced, Justice Taiwo adjourned the case until March 29, for further hearing.

  • Evans’ trial suffers another setback

    Absence of Evans’ counsel, Mr Chino Obiagwu (SAN), on Friday again stalled the continuation of hearing in the on-going trial of the alleged kidnap kingpin, Chukwudumeme Onwuamadike a.k.a Evans.

    Evans trial was on the last adjourned date, Jan. 30, stalled due to the absence of one of the defence counsel, Mr Emmanuel Ochai.

    Evans is currently facing charges, bordering on conspiracy to kidnap, kidnapping and attempted murder.

    In the first charge, Evans is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    In the second charge, he is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.

    At the resumed hearing on Friday, Evans’ counsel did not make an appearance but sent a letter informing Justice Adedayo Akintoye of his absence.

    No member of Evans’ legal team was present.

    However, the Prosecutor, Mr Y. G. Oshoala, who drew the court’s attention to the absence of Evans’ counsel said it was not the first time such was happening.

    He said that on the last adjourned date, on Jan. 30, one of the defendant’s counsel was absent and the case was adjourned.

    “This is not the first time such is happening.

    “The Supreme Court stated that the court is not a slave of time that must wait for a party to come and present its case.

    “We submit that the court cannot wait for the defence counsel,” Oshoala said.

    He directed the court’s mind to the need to do justice to all parties,” the state, the defendant and the public.”

    But making an order for adjournment, Justice Akintoye said: “I have noted your observation.

    “I will give them the benefit of doubt because the defence counsel is a Senior Advocate of Nigeria. I assume he is not just wasting the time of the court.”

    Consequently the judge adjourned the case until March 22, for adoption of written addresses in the trial within trial.

    On January 16, during a trial within trial, Evans denied the confessional statement he made to the police after his arrest in 2017, saying it was made under duress.

    Evans told the court that he signed the statement under duress to save him from being tortured to death.

    Evans gave details of how members of Inspector General of Police (IGP) Intelligence Response Team allegedly tortured and killed several others, who were paraded alongside him in his presence.

    However, Evans, was cross-examined by the Lagos State Counsel to prove that his statement was not taken under duress.

  • Court dismisses Evans’ N1bn suit against police

    Federal High Court in Lagos has dismissed a fundamental rights enforcement procedure suit filed by alleged kidnap kingpin, Chukwudumeme “Evans” Onwamadike, against the police over the seizure of his property.

    Justice Mojisola Olatoregun, on Monday, held that the court lacked the jurisdiction to entertain the case.

    She said that the suit ought to have been filed before a Lagos State High Court where the applicant was facing charges of kidnapping.

    TheNewsGuru had earlier reported that Evans, through his counsel, Olukoya Ogungbeje, filed the suit in June 2018 and joined as respondents, the Inspector-General of Police, the Nigeria Police and I-G’s Intelligence Response Team.

    The applicant prayed the court to declare that alleged forceful seizure of his property by the respondents without any court order was illegal and unconstitutional.

    He listed some of the property as N500 million, another N500 million, two residential houses located at Magodo, Lagos State, a Brigade wristwatch worth 20,000 dollars, necklaces worth 25,000 dollars and five pieces of diamond rings.

    Also listed are one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five sets of freezers.

    The applicant had sought an order compelling the respondents to unconditionally release the property.

    Evans had also asked the court for an order compelling the respondents to unconditionally unseal and vacate without delay, the two residential houses located at Magodo.

    The judge noted that the respondents did not file any defence in spite of being served hearing notices.

    The judge held that when confronted with a claim under the fundamental rights enforcement procedure, it would be important for the court to critically look at the reliefs sought.

    According to her, the main issue to be decided is whether the plaintiff’s claim constitutes a violation of his rights under the Fundamental Human Rights Procedure, adding that the right to own property cannot be denied except for the due process of the law.

    She held that the applicant failed to show that, within the circumstances of his arrest, the property were forcefully seized.

    “The only conclusion I can draw is that the property were taken consequent upon his trial for kidnapping before the Lagos State High Court.

    According to the judge, although federal and state high court had concurrent jurisdiction, the instant case ought to have been taken to the court where the defendant is facing trial for kidnapping.

    “This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court.

    “This court lacks the jurisdiction to entertain this case; same is hereby struck out,’’ she held.

  • Evans: Absence of counsel stalls trial

    Absence of defence counsel on Wednesday stalled further hearing in the trial of alleged kidnap kingpin, Chukwudumeme Onwuamadike (a.k.a Evans).

    Onwuamadike is facing charges of conspiracy to kidnap, kidnapping and attempted murder before Justice Akintoye.

    In the first charge, Onwuamadike is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    In the second charge, he is standing trial along with Joseph Emeka, Linus Okpara and Victor Aduba.

    At the resumed hearing on Wednesday, a member of the defence team, Mr Ogedi Ogu, told the court that lead defence counsel, Mr. Emmanuel Ochai, was absent.

    Ogu said that Ochei’s absence could be due the court boycott directive by the Nigerian Bar Association (NBA).

    NAN reports that, in the directive it issued on Monday, NBA asked its members to boycott courts on Tuesday and Wednesday to protest suspension of the Chief Justice of Nigeria, Walter Onnoghen.

    Ogu prayed the court to adjourn the case which, he said, was a sensitive one and should not proceed in the absence of Ochei.

    The prosecuting counsel, Mr Jide Martins, did not oppose the application.

    Justice Adedayo Akintoye consequently adjourned the case until March 1 for further hearing.

    The News Agency of Nigeria (NAN) reports that on Jan. 16, during trial within trial, Onwuamadike denied the confessional statement he made to the police after his arrest in 2017.

    He told the court that he made the statement under duress.

    The accused said that he signed the statement to save him from being tortured to death.

    He narrated how members of Inspector-General of Police (IGP) Intelligence Response Team allegedly tortured and killed in his presence, some others paraded along with him.

    He said that the security agents tortured the victims by suffocating them with plastic bags and threatened to do same to him if he would not cooperate with them.

    He testified that the content of the papers (statement) he signed were not read to him and that there was no video recording.

    Onwuamadike was led in evidence by his counsel, Mr O. I. Ajanuku.

    However, he was cross-examined by Lagos State counsel to prove that he did not make the statement under duress.