By Akin Kuponiyi
A Lagos High Court sitting at Igbosere south west Nigeria today adjourned till 27th October, 2017 the arraignment of billionaire kidnap kingpin Chukwudumeme Onwuamadike a. k. a. Evans, over alleged kidnap of Sylvanius Ahanonu Hafiia and attempted kidnap of the Chairman of Young Shall Grow Motors Vincent Obianodo.
The presiding judge, Justice Oluwatoyin Taiwo adjourned the case following an application by Evans’s counsel Olukoya Ogungbeje.
Two separate charges were filed against him
On the first charge, Evans and Victor Nonso Aduba, are facing a four count charge bordering on conspiracy to commit kidnapping, kidnapping and unlawful possession of firearms, contrary to Sections 409,269 (3) of the Criminal Law of Lagos State 2011 and section 9 (1) of robbery and firearms (Special Provision Act) law of the Federation of Nigeria 2004.
On the second charge, Evans alongside three others, Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong, were charged on a seven count charge bordering on murder, attempted murder, conspiracy to commit kidnapping, attempt to kidnap, sale and transfer of firearms, punishable under Sections 221,228 (1), of criminal laws of Lagos state and 409, 404 (1) 27 (b) (ii) of the Firearms Act, Cap F 28 (Laws of the Federation of Nigeria), Act 2004.
The Police beefed up security within and outside the State High Court, as billionaire kidnapper, Evans arrived for arraignment.
As at 7.30am, not less than 30 heavily armed mobile policemen were spotted within the area of the court , others were strategically positioned at entrance of both Igbosere road and back of Tafarwa Balewa Square TBS respectively.
There were lawyers, litigants and spectators inside and outside the court trying to catch a glimpse of the billionaire kidnapper.
However the arraignment of the defendants could not go on as counsel to Evans, Olukoya Ogungbeje informed the court of two separate applications filed before the court. They were motions on notice dated October 19, 2017, seeking to quash the charge against his client, on the ground of jurisdiction to entertain the charge .
He said the information from the prosecution had not been served on us.” It was just this morning that we were served the information”
“However we got a wind that our client would be arraigned this morning that is why we brought motion challenging the competence of the charge based on jurisdiction.” Ogungbeje said.
” We have just been served as counter affidavit this morning and this motion seeks to challenge the four count charges and they have replied, we intend to reply on points of law on the counter-affidavit by the prosecution, we are asking for a short adjournment, to reply the prosecution He said “.
“It is a settled law that when an application is seeking to quash a charge is brought, such application should be heard first before any arraignment, because when plea is taken it means trial has started”.
Meanwhile the counsel to Aduba, Emmanuel Ochai and the counsel to the three other defendants Ogedi Ogu did not object to the arraignment of the defendants.
Ochai said” We were served with the charge this morning, since we are seeing the charge for the first time, we do not wish to join issues, we leave it at the discretion of the court. ”
The Director of Public Prosecution Ms Titi Shitta-Bey said the defendants were served on August 28, 2017 and Inspector Idowu Haruna who infected service, disposed to an affidavit which is in the court file.
She said ” Section 87 (a) of the administration of criminal justice law, states that it is mandatory to serve the accused and not the counsel.”
She further stated that the application seeking to quash the charge should not be heard.
“The application is not yet ripe for hearing, we were served late on Friday 20, October and we have diligently replied on counter affidavit. ”
Shitta-Bey however said that the business of the day was the arraignment of ?the defendants, but later conceded to the argument of Ogungbeje and said that the application should be heard first.
Consequently Justice Taiwo adjourned till October 27, for the hearing of pending applications .