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Why trial of high-profile ‘kidnapping kingpins’ stalled

The delay in concluding trial in the cases of many high-profile kidnapping kingpins in the country is a source of worry for their victims and…

The delay in concluding trial in the cases of many high-profile kidnapping kingpins in the country is a source of worry for their victims and observers.

Among the most celebrated of such cases are those of Chukwudumeme Onwuamadike popularly known as Evans and that of Hamisu Bala aka Wadume.

Although in August, 2020, news filtered out that Evans had been sentenced to death by hanging following his admission for several offences, Daily Trust found out that he has not been convicted and sentenced, but rather, the trial has stalled.

Evans is standing trial in two judicial divisions of the Lagos State High Court for series of kidnapping, murder and attempted murder. The cases stalled due to the COVID-19 pandemic, it was learnt.

It was further learnt that trial may not commence in the two cases pending before Justice Adedayo Akintoye of the high court because the entire court complex was burnt down during the EndSARS protest.

The court house was not only burnt down, but many case files, exhibits and other sensitive documents were not spared.

Impeccable sources close to the court said the cases might have to be started de novo (afresh) since the case files had been lost to the inferno.

As if that is not enough, Governor Babajide Sanwo-Olu of Lagos State has ordered Level 14 staff members and below to stay off from the court and work from home. It is these levels of workers that make up the court registrars who work with the judges to conduct court business. With these developments, all Evans’ cases pending will continue to suffer serious adjournments.

At the high court in Igbosere, Lagos Island, presided by Justice Akintoye, Evans is facing two separate charges of conspiracy to kidnap, kidnapping and attempted murder. In the first charge, Evans is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

In the second charge, Evans was charged with Joseph Emeka, Linus Okpara and Victor Aduba as co-defendants.

Furthermore, before Justice Hakeem Oshodi, sitting at the Ikeja division of the Lagos High Court, the trial judge on August 14, 2020, dismissed the no-case submissions filed by Evans’ five co-defendants who had prayed for the charges against them to be quashed.

The defendants charged alongside Evans are Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba. They are facing trial over the kidnap of the Chief Executive Officer of Maydon Pharmaceutical Limited, Donatus Dunu, in 2017.

The prosecution said the suspects collected $223,000 (N100m) in ransom before freeing the businessman after 88 days in captivity.

Dismissing the no-case submissions filed by Evans’ co-defendant, Justice Oshodi had maintained that contrary to the defendants’ claim, “There is a prima facie case (against them) as the first defendant (Evans) implicated the co-defendants in Exhibit 10.”

Meanwhile, Evans, has been having difficulty retaining a lawyer due to his inability to pay legal fees.

As at the time of filing this report, he has changed no fewer than six lawyers.

Evans’ another criminal trial before Justice Funlayo Taiwo.

If found guilty, Evans risks the supreme price of a capital punishment, which is the death sentence.

In the case of Wadume, the trial proceeded separately up till November, 2020, with about five witnesses testifying. The trial is expected to continue between 26 and 27 of January.

Wadume was alleged to be involved in kidnapping activities in Taraba State. He escaped arrest on August 6, 2019, but was rearrested in Kano on August 19, 2019.

He later narrated how soldiers set him free and allegedly killed the anti-crime police officers who were conveying him from Ibi to Jalingo on August 6, 2019.

Those charged with Wadume were Inspector Aliyu Dadje, who was a station officer at police headquarters in Ibi Local Government Area of Taraba State; Auwalu Bala (aka Omo Razor); Uba Bala (aka Uba Belu); Bashir Waziri (aka Baba runs); Zubairu Abdullahi (aka Basho); Hafizu Bala (aka Maiwelder); and Rayyanu Abdul, and seven military officers.

However, the initial charges suffered a setback in July 2020 when the office of the Attorney General of the Federation withdrew the charges against soldiers on the grounds that the internal investigation and court martial proceedings were not concluded.

The soldiers who separated from the case are Captain Tijjani Balarabe, Staff Sgt David Isaiah, Sgt. Ibrahim Mohammed, Corporal Bartholomew Obanye, Private Mohammed Nura, Lance Corporal Okorozie Gideon, Corporal Marcus Michael, Lance Corporal Nvenaweimoeimi Akpagra, Staff Sgt. Abdulahi Adamu, and Private Ebele Emmanuel.

Speaking on the Wadume case, the AGF Malami, through his media aide Umar Gwandu, assured that the military officers indicted in the Wadume kidnap case would be brought to justice.

“He said the fact that several military officers have been tried and sentenced to various degrees of punishments including death by firing squad is a clear proof that goes further to establish a point that the military has an existing institutional legal framework for trying army officers and soldiers in respect of crimes,” he said.

While stressing that the army is already taking appropriate action in respect of the charged soldiers, he added that prosecution and sentencing are products of investigations.

“The law will certainly take its course in the case of Wadume the same way and manner the officers that were found to have taken part in various degrees of crimes. The law will certainly take its course if eventually the military investigation is concluded and prima facie case is established.

“The case of military officers involved in Wadume is ongoing. The process would be a product of investigation, arraignment, prosecution, conviction and sentencing. So, this chain is a process that is not expected to be concluded overnight.”

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