Olukoya Ogungbeje, counsel to alleged criminal and kidnapper, Chukwudumeme Onwuamadike, better known as Evans, has asked a Lagos High Court sitting in Igbosere to quash the murder charge against his client.
Ogungbeje told Justice Oluwatoyin Taiwo during Friday’s proceeding that the police had failed to prove Evans murdered anyone despite his earlier admittance.
Ogungbeje said the seven charges preferred against Evans were repetitive. He also said one of the charges was part of counts filed against Evans in another court. Ogungbeje said such was an abuse of court processes.
More so, the defendant’s counsel said the charge of illegally possessing a firearm is a federal offence that shouldn’t be heard at a state court. Under Nigerian legal system, the prosecutorial power to try federal offences rest with the Attorney-General of the Federation and Minister of Justice.
In his submission, Evans’ counsel said: “I pray the court quash the seven count charges, discharge the defendant and allow him go home,” the Ogungbeje said.
Moreover, Ogungbeje argued that the prosecution counsel, Titilayo Shitta-Bey, who is also the state’s Director of Public Prosecution, DPP, was not authorized by the AGF to try the matter, a claim the DPP disproved; she claimed she obtained a fiat from the AGF.
Shitta-bey said she obtained the fiat on January 30. She also countered Ogubgbeje on the murder charge, saying witnesses claimed there was a death during the attempted kidnap.
Evans was arraigned with three new accomplices, who are Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Ukpong.
The judge ruled that three said accomplices be remanded in prison.
The matter was adjourned till Nov. 10.