By Kemisola Oye
A Lagos High Court sitting at Tafawa Balewa Square (TBS) has ordered the convicted kidnap kingpin, Chukwudumeme Onwuamadike, (popularly known as Evans) to refund the sum of €233, 000, ransom he coercively collected from one of his victims, Chief Donatus Dunu.
Justice Olukayode Ogunjobi made the order while delivering judgment in the suit filed by a pharmacist, Donatus Dunu who was abducted on 14th February 2017 and made to pay the said sum in ransom while being held hostage.
Delivering judgment, Justice Ogunjobi also ordered Evans to pay N50 million, as general damages in favour of the Claimant.
The Claimant, the CEO of Maydon Pharmaceutical Company, filed the suit marked LD/5243GCM/2018 demanding the return of the sum of £223, 000 he paid as ransom while in the kidnap kingpin’s custody.
In his testimony before the court, the Claimant said that when he was abducted on 14th February 2017 by the convict, he instructed his brothers, Anslem Dunu and Innocent Dunu to pay the said sum.
He stated that the sum of €233, 000 was paid but the defendant refused to release him. He eventually escaped from his captivity.
The claimant was not cross-examined despite several adjustments for cross-examination.
Also, the Claimant’s brother, Anslem Dunu testified on behalf of the Claimant and adopt his witness statement on oath sworn to on 16th May 2022.
In his evidence before the court, Innocent Dunu affirmed that the Claimant was abducted. According to him, “The next day I spoke with the Claimant on the phone who instructed me to pay his abductors N100 million as a ransom for his release, the abductors later demanded £ 1 million.”
Dunu further told the court that his relation, one Uchenna Okagwu delivered 233, 000 Euros, to the abductors. He was also not cross-examined.
However, in his defence, Evans contended that the strength of the claimant’s case is predicated majorly upon criminal trial against him and others in Suit No. 1D/5970C/2017.
He also submitted that the only evidence before the court as to the payment of €233, 000 and to whom, if any it was paid, was the evidence of Uchenna Okagwu who allegedly delivered the money to the abductors.
He added that in the criminal trial in Suit No. 1D/5970C/2017, Uchenna Okagwu testified that he dropped the said sum on the ground and fled and that he did not see anybody or delivered the money to anyone.
He argued that the evidence of Uchenna Okagwu who delivered the said ransom to the abductors which is the only direct evidence must pass the test of proof beyond a reasonable doubt.
Defendant further told the court that the judgment delivered by Justice Hakeem Oshodi on the 25th February 2022 is now a subject of an appeal at the Court of Appeal, Lagos Division.
However, Justice Ogunjobi, in his judgment yesterday, held that the defendant gave inconsistent evidence and cannot be regarded as a truthful witness.
“Having watched the demeanour of the defendant in the witness box while giving evidence, the defendant is not a witness of truth, and his evidence cannot be trusted.”
Justice Ogunjobi, therefore, held that “Its settled law that no witness who gives materially inconsistent evidence on oath is entitled to the honour of being accorded with any credibility and such does not deserve to be treated as a truthful witness.
“Aside from adducing conflicting pieces of evidence on oath, I have watched the demeanour of the Defendant in the witness box when giving evidence and came to the conclusion that the Defendant is not a witness of truth. I do not believe his evidence. I accept the unchallenged and uncontroverted evidence of the Claimant and his witnesses. The evidence supports the reliefs sought by the Claimant.
“Consequently, the claimant is entitled to be paid or repaid and or recover from the Defendant the sum of €233,000 ransom coercively paid by the Claimant to the Defendant, when the Defendant kidnapped the Claimant in the year 2017 and held the Claimant hostage for months.
“The sum of N50,000,000.00 is awarded as general damages in favour of the Claimant against the Defendant. Post-judgment interest is awarded on the said sum of €233,000 at the rate of 10 percent per annum from judgment i.e. 14th February 2023 until final liquidation.
“The adjudged said sum of €233,000 and N50, 000,000 is hereby ordered to be paid or recovered from the assets of the Defendant. This is the judgment of the court.”
The court however refused the claim for a pre-judgment interest of 40 percent per annum on the €233, 000.