Chukwudumeme Onwuamadike suspected kidnap kingpin better known as Evans, on Friday, asked a Lagos high court sitting in Igbosere to quash all the charges filed against him by the Lagos state government.
Evans said similar charges were pending before a Lagos high court (Ikeja division) and therefore should be tried by one judge.
Lagos government had brought a fresh set of five counts bordering on conspiracy to kidnap, kidnapping and attempted murder against Evans and three others.
In the second charge, Evans is being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba.
At the resumed hearing of the case, Olukoya Ogungbeje, counsel to the first defendant, informed the court that he had filed a motion on notice to quash all the charges filed against Evans.
According to him, the prosecution had earlier filed similar charges and amended charges bordering on kidnapping against Evans pending before the same High Court of Lagos state.
He relied on Section 153 of the Administration of Criminal Justice Law of Lagos state, adding that nothing stopped the prosecution from bringing the charges under one judge.
“Apart from the counts being of same offence, same section of the law is being provided in these counts,” he argued.
“I submit that the prosecution misfired by bringing different charges and instituting the same case in different courts.
“I urge Your Lordship to quash the charge because it is defective and an abuse of court process.”
In her response to the motion, Titilayo Shitta-Bey, the state director for public prosecutions, said: “The general rule is that every offence must be in a separate count.”
Shitta-Bey said that Evans was charged with attempt to murder James Uduji in count three; while in count four, he was charged with attempt to murder Donald Nwonye.
“It will be against the provisions of the law to lump the two offences in one count,” she said.
She explained that other charges filed against the first defendant before other judges involved different defendants, different offences and different victims.
She, therefore, urged the court to dismiss the application.
Meanwhile, Linus Okpara, the third defendant in the second charge, has also urged the court in a motion on notice to quash the two counts preferred against him.
He made the application through Jude Igbanoi, his counsel, adding that the proof of evidence did not disclose any prima facie case against him.
“I will align myself with the arguments made by the first defendant. I urge this honourable court to quash the charge; there is nothing in the proof of evidence linking the third defendant to the charge,” Igbanoi said.
However, the prosecutor, in response to the third defendant’s motion, told the court that the proof of evidence disclosed a prima faciecase against him.
She said that the proof of evidence disclosed where the third defendant admitted collecting the sum of N2m for the first defendant in relation to Uche Okarafor, one of the victims.
After listening to all the arguments, Adedayo Akintoye, the judge, adjourned the case until June 26 for ruling. (NAN)
