Kidnapper Evans, co-suspect allege bias against trial judge

…Urge CJ to transfer case to new judge

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By Olu AJAYI

NIGERIA: SUSPECTED billionaire kidnapper, Chukwudumeme Onwuamadike, often called Evans, and his co-accused person, have alleged bias against the trial judge hearing their case.

Evans and fellow suspect have, therefore, petitioned the Lagos State Chief Judge to transfer the case from Justice Oluwatoyin Taiwo to another judge.

They alleged the bias in a petition dated April 18, 2018 sent through their counsel, Mr. Olukoya Ogungbeje.

They maintained that they doubted the ability of the judge to dispense justice without fear or favour in the ongoing case.

“We do not in any way doubt the judicial capacity and ability of Hon. Justice O.A. Taiwo as one of the finest judges of our time,” the counsel said, adding: “His lordship remains our ‘Mother in Law.’ However, from the facts and circumstances of the case, we doubt the ability of his Lordship to dispense justice without fear or favour.”

Evans and Victor Aduba, GatewayMail recalled, are facing a four-count charge of kidnapping and unlawful possession of firearms before Justice Taiwo of the Ikeja Division of the Lagos State High Court.

The suspects were accused of kidnapping Sylvanus Ahamonu and collecting a $420,000 ransom from his family, while they are also in court for the attempted kidnap of Vincent Obianodo, the Chief Executive Officer of the Young Shall Grow Motors.

At the time the suspects’ trial commenced last year, Justice Taiwo was still at the Lagos Division of the Lagos State High Court, Igbosere, before she was moved last December to Ikeja division of the high court when transfer of judges was carried out.

“During the reshuffling it was stated that judges could only take along with them ‘part heard’ cases while cases where trial had not begun would be inherited by the incoming judges,” the lawyer said.

“For the avoidance of doubt, as at then trial had not begun, but his Lordship Hon Justice O.A. Taiwo took the case files to the Ikeja Division where his Lordship was posted,” he said further.

He also explained: “This undoubtedly raised a flagship of caution in the mind of our client who complained to us but we downplayed our client complaint as a mere irregularity whatever the interest involved.”

Ogungbeje alleged that at the hearing of the case last March 14, the prosecution suddenly wanted to tender a document titled ‘Certificate of Identification’ dated November 15, 2017, that was not front-loaded as part of the proof of evidence before the court.

“As a matter of fact, we were not served with the said document and his Lordship Hon O.A. Taiwo also sighted the said document for the first time on the said 14th of March 2018,” he said.

The lawyer further alleged: “We duly objected to the tendering of the said document and requested for an opportunity and time circumscribed in an adjournment in this regard to enable us have the benefit of perusal of looking at the document properly and form a legal opinion whether to object to the admissibility of the document or not.  Surprisingly, his Lordship brushed aside our request and admitted the said document.”

The counsel accused the judge of allowing a video CD that had been front-loaded as additional proof of evidence to be played in open court when it had not been tendered and admitted in evidence.

The video, GatewayMail learnt, which was played by the prosecution team on March 14, showed Evans confessing to committing crimes of kidnapping and armed robbery within and outside Lagos.

The lawyer also faulted the judge for ignoring the prosecution’s continued inability to include a proof of evidence in one of their charges despite the judge’s ruling last November, which ordered them to do so.

“My Lord would agree with us with the greatest respect and humility that the circumstances outlined above are capable of raising a flagship of caution and confidence premised on fair trial in the mind of our client or the mind of any reasonable member of the society,” Ogungbeje stressed.

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