A Lagos Division of the Lagos State High Court has fixed June 26 to rule on an application brought by alleged billionaire kidnapper, Chukwudumeme Onwuamadike (popularly known as Evans), to quash the criminal charges brought against him.
A. Akintoye, the judge, fixed the date after overruling an earlier application by Evans that the charges constituted an abuse of court processes.
According to Olukoya Ogungbeje, counsel to Evans, similar charges had been instituted against his client in other courts by the Lagos State Government. He said the charges were grossly defective, repetitive and an abuse of court processes.
Relying on Section 153 of the Administration of Criminal Justice Law ( ACJL ) of Lagos State, Mr Ogungbeje added that nothing stopped the prosecution from bringing the charges under one judge pointing out that counts three, four and five of the charges were repetitions of same offence.
“Apart from the counts being of same offence, same section of the law is being provided in these counts,” he said.
“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 response, the prosecuting counsel, Titilayo Shitta-Bey, said the general rule is that every offence must be in a separate count.