Ruling On Bail Application Of Evan’s Co-Accused Fixed For March 2
Justice Hakeem Oshodi of the Lagos State High Court in Ikeja on Friday fixed March 2 for ruling on the bail application filed by Victor Aduba, charged alongside billionaire kidnapper, Chukwudumeme Onwuamadike popularly known as Evans for alleged kidnapping.
Justice Oshodi fixed the date after counsel to Evans, cross examined the first prosecution witness, Anselem Duru.
The state government is prosecuting Evans alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu over two count amended charge
Other defendants arraigned for the crimes are: Uche Amadi, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Chukwunonso Aduba, second, fourth, fifth and sixth defendants respectively.
They were charged for alleged conspiracy and kidnapping of one Dunu Donatus.
The defendants changed their guilty plea to not guilty after the amended charge was read to them.
At the resumed hearing of the case on Friday, the fourth defendant (Okwuchukwu Nwachukwu) informed court that he is still making arrangement for legal representation.
But the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bey reminded the court that at the last adjourned date, the court adjourned for the continuation of trial at the instance of fourth defendant legal representation.
She said, ” the court had asked the fourth defendant how long it would take for him to engage a lawyer, he requested for two weeks, now we are in January since November last year.”
She further submitted that section 36 of the constitution of Federal Republic of Nigeria provides defendant entitlement to a counsel of his choices, positing that, there had been Supreme Court pronouncement on unnecessary delay of proceedings in the court.
“The duty of the court is to assert his control over proceedings where a party has been given opportunity to secure representative, the court cannot wait forever, or delay the case for ever. Also in the constitution, the issue of speedy trial is fundamental. It is obvious in this case that there is a deliberate attempt to delay trial.”
She also submitted that Ogungbeje who inter-alia held brief for him can appear for the fourth defendant.
In response to DPP submission, Ogungbeje told court that the brief has not been perfected, “his family met us and promised weeks ago to perfect the brief but this is yet to happen and that is why I withdrew my appearance.”
The prosecution witness, Anselem Dunu was cross examined by Ogungbeje.
The witness confirmed that he spoke to unknown voices.
He said he would not know whether the voice was that of the defendants but insisted that the voice was muffled.
“The strange voice told me what to do, the voice was muffled.”
Dunu continued that he was not the one that took the ransom to them.
“I was not the person that took the money to them. So I did not hand over the money to them. I knew the person who gave instruction that I should give the person the money. ”
After the cross examination, counsel to sixth defendant, Emmanuel Ochai informed the court of the pending application for bail. He urged the court to grant him bail on liberal terms.
The DPP however told the court of the counter affidavit filed in opposition to the bail application.
“In response to the bail application, we have filed 11 paragraph affidavit dated November 18, 2017.
“The issue of bail is at the discretion of the court. There was no material evidence before the court guaranteed granting the defendant bail.”
She urged the court to deny him bail, nothing that no special circumstances warrant granting him bail.
Justice Oshodi subsequently adjourned till March 2, for ruling and further cross examination.