Justice Oluwatoyin Taiwo of a Special Offences Court sitting in Ikeja has fixed 19 September 2022 for judgement in the suit filed by the state government against the convicted kidnap kingpin, Chukwudumeme Onwuamadike (alias Evans) and Victor Chukwunonso Aduba over alleged kidnapping.
Evans is standing trial alongside Aduba, an ex-soldier, for kidnapping a businessman, Sylvanus Ahamonu and collecting 420,000 dollars ransom from his family.
They are facing a four-count charge bordering on kidnapping and unlawful possession of firearms.
Aduba told the court that he was a Secondary School Leaving Certificate (SSCE) holder and lived in Ojo Military Cantonment. He said he was arrested in respect of the alleged kidnap cases on 24 June 2017 and vehemently denied knowing Evans prior to his arrest.
However, the trial judge fixed the date for judgment after listening to the submission and argument of the counsel in the suit.
Meanwhile, at the resumed hearing, the defendant’s counsel, Chuks Muoma (SAN) and Emmanuel Ochai asked the court to order an inquiry into the death of three witnesses in police custody during the trial of the kidnap kingpin.
They told the court that the three witnesses who were standing trial with the two died in police custody and that no autopsy was done to reveal the circumstances surrounding their deaths.
They then submitted that the fact that they died in custody whereas they were hale and hearty when they were arrested by the police raises serious questions about the confessional statements obtained from the leader of the gang.
The two defence counsel further submitted the prosecution has failed in several areas to prove the case against Evans and his colleague beyond reasonable doubt and urged the court to discharge and acquit them.
In his submission, the state prosecution counsel, Mr Yusuf Sule however prayed that the first and second defendants be convicted.
He said that a defendant need not be seen at the scene of a crime to be convicted, stressing that though the confession of one person cannot be used against another person, there are exemptions, where the nexus correlate and interwoven, quoting a Supreme Court judgement.
He said there is nothing before the court that showed they were tortured or killed. “No evidence to suggest that. No evidence before the court that they were hail and hearty at the time of the arrest.
The victim pointed to the first defendant and described his attire on that day. “The submissions of my learned brothers no matter how brilliant do not vitiate from the evidence before the court.
He urged the court to sentence them.
Justice Taiwo, therefore, fixed 19 September 2022 for judgement.