Alleged kidnap kingpin, Chukwudubem Onwuamadike, alias Evans, on Thursday, changed his plea to not guilty after he had earlier pleaded guilty to a two-count charge of kidnapping and conspiracy.
Evans who was earlier arraigned on the 13th of August 2017, had pleaded guilty to the charges and the court had subsequently fixed Thursday for review of facts and sentencing.
But on Thursday when he was re-arraigned on an amended two-count charge by the Lagos State Government, Evans and his five co-defendants pleaded not guilty.
Evans and his accomplices, Uche Amadi, Okwuchukwu Nwachukwu, Chilaka Ifeanyi, Victor Aduba and one female, Ogechi Uchechukwu, were re-arraigned before Justice Hakeem Oshodi on two counts bordering on kidnapping and Conspiracy which they pleaded not guilty to.
According to the Director of the Lagos State Prosecution, Mrs Titi Shitta-Bey, Evans and his accomplices committed the offences on February 14, 2017 around 7:45pm along Obokun Street, Ilupeju, Lagos.
Shitta-Bey said that the defendants between February 14 and April 12 along Obokun Street, Ilupeju, Lagos, while armed with guns and other dangerous weapons, captured and detained one Mr Duru Donatus.
According to the prosecutor, the defendants collected a ransom of 223,000 Euros for the release of Donatus.
Shitta-Bey said the offences of kidnapping was contrary to Section 2(1) of the kidnapping Prohibition Law of Lagos State, 2017, which punishment carries a death penalty.
Evans counsel, Olukoya Ogungbeje, had earlier during the proceedings made futile attempts to ensure that his clients were not re-arraigned.
He informed the court that the prosecution just served the defence counsels the amended charge in the open court.
He, however, prayed the court to grant him an adjournment to be able to confer with his clients about the amended charge.
“My Lord on behalf of the first and second defendants, the amended charge was served on us this morning.
“We had earlier filed an application on behalf of the first defendant and the prosecution just served us their counter affidavit this morning in court,” Ogungbeje said.
Opposing the application for adjournment, Shitta-Bey said, “We are opposing their application for adjournment, we pray that this court allow the charge to be read to the defendants and they should take their plea.
“Section 155(1) of the Administration of Criminal Justice Law does not allow any formal application to amend charges, all the court need to do is to take a fresh plea from the defendants.
“The application for adjournment is calculated to delay the trial by the defence counsels; the particulars of the offence did not change. What changed is the law under which the defendants were charged and the punishment.”
However, Justice Oshodi, urged Ogungbeje to confer with his clients in the court so that the defendants could take their plea.
Reacting to this, Ogungbeje said, “The atmosphere and the environment is not conducive to confer with my client.
“The prosecution should be diligent enough to have served us the amended charge before today.”
The judge subsequently went on a 45 minutes recess to allow the counsels to confer with their client.
After the defendant’s plea was taking, Shitta-Bey informed the court that they have three witnesses in court and they are ready to prosecute the case.
However, Ogungbeje and other defence2 counsels pleaded with the court for an adjournment.
“I want to urge your Lordship to grant us an adjournment to enable us to have adequate time and facility to prepare for our defence.”
Ogungbeje told the court that he was not prepared for the trial.
“In the interest of justice, the court would exercise its discretion to oblige the first, second, third, fifth and sixth defendants adjournment” the Judge ruled.
Justice Oshodi thereafter adjourned until November 3, 2017, for trial.
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