Kidnap suspect Evans’ application seeking to quash the charge preferred against him has been dismissed by the Lagos State High Court, sitting in Igbosere.
Evans is charged alongside three others: Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba on five-counts bordering on conspiracy to kidnap, kidnapping and attempted murder.
In his application, the defendant (Evans) had said that all the counts in the charge were “grossly defective, repetitive and an abuse of court processes.”
Justice Akintoye said that the processes filed by both counsels to the case identified three major issues for determination.
“Whether a prima facie case has been established, whether the charges are incompetent and whether the court has jurisdiction to entertain the charge,” she said.
“Looking closely at the proof of evidence, a prima facie case has been established.
“The statement of one of the victims stated that Evans shot him with a gun, cleaned the wound by himself and asked the third defendant to look after him (victim).”
The judge also held that the charge was not an abuse of court process, adding that every distinct offence should be charged separately.
But she said that the information did not offend the rule of duplicity as enshrined in Sections 152 and 153 of the Administration of Criminal Justice Law (ACJL) of Lagos State.
The judge ordered the remand of all the defendants and adjourned the case until September 13 for trial.
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Crime