Justice Oluwatoyin Taiwo of a Special Offences Court in Ikeja, Lagos has adjourned further hearing until September 17 for continuation of trial of an alleged kidnap kingpin Chukwudumeme Onwuamadike alias Evans.
Thursday’s proceedings involved two trials.
The first is a trial-within-trial for the attempted kidnapping of Chief Vincent Obianodo, the Chairman of the Young Shall Grow Motors while the second trial is for the kidnapping of a businessman, Mr Sylvanus Ahamonu.
In the Obianodo case,
Evans is tried alongside Joseph Emeka, Chiemeka Arinze and Udeme Upong.
The defence counsel to Evans, Mr Victor Okpara, told the court that the police hastily paraded him as a kidnapper without formally giving a statement to authorities.
Cross-examining the Investigating Police Officer, Insp Idowu Haruna at the trial-within-trial of Evans and his co-defendants for the attempted kidnap of Obianodo, Okpara noted that Evans was arrested on June 10, 2017.
“He was immediately paraded the next day as a kidnapper without first giving a formal police statement.
“His capture was celebrated nationwide, he was paraded on June 11, 2017 and you immediately concluded that you had arrested a notorious kidnapper before his statement was taken.
“The statement of the defendant was only recorded for the first time on July 1, 2017. His statement was taken without his lawyer being present.
“I can also confront you with photographs alleging serious beating of the first defendant (Evans) while he was in your custody,” he said.
The IPO in his response admitted that Evans’ statement was not taken immediately he was arrested at his Magodo, residence in Lagos.
Haruna said that he had written Evans’ statement and had read it aloud to him. The IPO noted that Evans’ in his statement did not say that he will opt out of having a lawyer present.
Haruna also admitted that that he had never had heard of the legal options which could have been available to Evans such as Legal Aid Council and Justice of the Peace.
“You claim to be a crack detective and in all the other cases there were video recordings of his alleged confessions.
“I put it to you the there was a deliberate attempt not to video record this interview,” Okpara said.
While being cross-examined by Mr Yusuf Sule, the prosecuting counsel, Haruna shed more light on why Evans’ statement was not immediately taken by police when he was apprehended.
“Immediately the first defendant was arrested, he gave numerous information on other gang members and his victims.
“It took us a lot of time to be able to investigate and get information on this case, we had to liaise with the Divisional Police Officer (DPO) of Festac. That is where he gave his statement,” Haruna said.
The defendants face a seven-count charge of murder, attempted murder, conspiracy to commit kidnapping, attempt to kidnap and sales and transfer of firearms.
According to the prosecution, Evans and his three co-defendants committed the offences on Aug. 27, 2013 at Third Ave., Festac, Town Lagos.
Evans and his accomplices are alleged to have killed Mr Chijioke Ngozi and attempted to kill and kidnap Obianodo.
The prosecution also alleged that in 2008, Upong sold and transferred two AK47 rifles and 70 rounds of live ammunition to Evans.
At the second trial involving Evans and Victor Aduba, a dismissed member of the Nigerian Army, Okpara also alleged that the police hastily concluded that the Evans collected a 420,000 dollar ransom from Ahamonu based solely on the allegation of the complainant.
“He wasn’t arrested on June 28, 2014 on the day of the alleged incident but years later and prior to the victim (Ahamonu) giving his statement, you have not had any contact with the victim.
“In Exhibit A (the statement) the victim talked about assassins and not kidnappers. He said they talked about killing him and not kidnapping him.
“The 420,000 dollars were paid in three tranches by Ahamonu’s brother Dominic ($200,000) , Ahamonu’s wife ($200,000) and one Onyebuchi ($20,000).
“Did you go through bank records to ascertain whether money was withdrawn and the source of the alleged ransom? Did you also trace the phone numbers used to negotiate the alleged ransom?
“Did you also do a fingerprint analysis of the guns recovered from their alleged hideout at Igando?,” Okpara said.
Responding, Haruna admitted that the allegation of $420,000 ransom being paid was based solely on Ahamonu’s statement to the police. He also admitted that bank records were not traced during the investigation
“We did not do a fingerprint analysis of the guns recovered from their hideout at Igando.
“For security reasons, I cannot reveal the numbers used to call during the incident.
“We did not match those numbers with those used to call the defendant due to issues with the service provider.
“The $420,000 ransom was paid in the dead of the night,” Haruna said.
While being cross-examined by Aduba’s defence counsel, Mr Emmanuel Ochai, Haruna explained the role of the dismissed soldier in the kidnap of Ahamonu.
“The second defendant (Aduba) did not negotiate ransom, he collected the ransom. The complainant said that those that arrested him were wearing military uniforms.
“After he was arrested, he was first taken to the Army Barracks for disciplinary action. Four AK47 and AK49 rifles were used for the operation,” Haruna said.
The duo face a four-count charge of kidnapping and unlawful possession of firearms.
Evans and the dismissed soldier are accused of kidnapping
Mr Sylvanus Ahamonu on June 28, 2014, at Saka St., Amuwo-Odofin in Lagos.
They allegedly held him hostage for at least nine weeks and collected a ransom of 420,000 dollars from his family.
