LAGOS THE Court of Appeal sitting in Lagos, has dismissed three appeals, filed by Chukwudumeme Onwuamadike, (Evans), challenging the jurisdiction of the court and seeking to strike out, and quash charges against him.
In a three man panel led by Justice Jummai Sankey, the court held that the appeal is devoid of merit.
Justice Sankey said: “The suit is, hereby, dismissed. In the result, the ruling of the lower court is affirmed. I hold that the lower court has jurisdiction to continue with the trial and to entertain all the counts of the charge.” Other Justices on the panel are Justices Philomena Ekpe and Muhammed Mustapha.
The respondents in the appeal are the Lagos State government, Joseph Emeka, Chiemeka Arinze and Udeme Upong. Justice Oluwatoyin Taiwo of a Lagos High Court sitting in Ikeja had on November 10, 2017, dismissed an application filed by Evans seeking to quash the seven count charge contained in the amended information charge dated October 26, 2017, which was filed by the first respondent against the appellant, alongside the second, third and fourth respondents.
The appellant is charged alongside three other defendants (second to fourth respondents), on a seven count charge dated August 25, 2017, for the offences of murder, attempted murder, conspiracy to commit a felony, to wit: kidnapping, and attempt to kidnap contrary to various provision of the criminal law of Lagos State 2011. The Appellant, along with his gang members, are alleged to have killed two people in the process of kidnapping one Chief Obianodo. As a result of this, the first respondent (Prosecution), filed an information along with its proofs of evidence before the lower court and the pleas of the appellant and the other accused persons were taken, in the course of proceedings, the first respondent amended the charge dated October 26, 2017, pursuant to Section 155 of the administration of criminal law of Lagos state 2011. After hearing the parties on the application, the trial court in a considered ruling, dismissed the application for lacking in merit.
However, in overruling the application, the trial court directed the prosecution to file and serve on the appellant another proofs of evidence. But the appellant still proceeded to file the appeal on April 24, 2018, wherein he complained of five grounds. Also, Justice Mohammed Mustapha dismissed the appellant’s appeal seeking to appeal the ruling delivered by Justice Taiwo, on November 10, 2017, dismissing his application to quash the four count charges contained in the information/charge dated August 25, 2017. Similarly Justice Philomena Ekpe, also dismissed Evans appeal, where he argued that Justice Hakeem Oshodi erred in law when he held that the amended information/charge dated October 19, 2017, filed by the first respondent, was competent without an accompanying or attached proof of evidence as required by law.
Dissatisfied with the ruling of the lower court, the appellant filed an appeal on April 20 2018, where he said that the judge erred when he said that there is a prima facie case against him. In his ruling, Justice Ekpe said: “Accordingly, this appeal is adjudged unmeritorious and is, therefore, dismissed in its entirety. The ruling delivered by the lower court by Justice Oshodi on November 3, 2017, in suit NO ID/5970C/2017, is upheld. I make no order as to cost, appeal dismissed.”
In a three man panel led by Justice Jummai Sankey, the court held that the appeal is devoid of merit.
Justice Sankey said: “The suit is, hereby, dismissed. In the result, the ruling of the lower court is affirmed. I hold that the lower court has jurisdiction to continue with the trial and to entertain all the counts of the charge.” Other Justices on the panel are Justices Philomena Ekpe and Muhammed Mustapha.
The respondents in the appeal are the Lagos State government, Joseph Emeka, Chiemeka Arinze and Udeme Upong. Justice Oluwatoyin Taiwo of a Lagos High Court sitting in Ikeja had on November 10, 2017, dismissed an application filed by Evans seeking to quash the seven count charge contained in the amended information charge dated October 26, 2017, which was filed by the first respondent against the appellant, alongside the second, third and fourth respondents.
The appellant is charged alongside three other defendants (second to fourth respondents), on a seven count charge dated August 25, 2017, for the offences of murder, attempted murder, conspiracy to commit a felony, to wit: kidnapping, and attempt to kidnap contrary to various provision of the criminal law of Lagos State 2011. The Appellant, along with his gang members, are alleged to have killed two people in the process of kidnapping one Chief Obianodo. As a result of this, the first respondent (Prosecution), filed an information along with its proofs of evidence before the lower court and the pleas of the appellant and the other accused persons were taken, in the course of proceedings, the first respondent amended the charge dated October 26, 2017, pursuant to Section 155 of the administration of criminal law of Lagos state 2011. After hearing the parties on the application, the trial court in a considered ruling, dismissed the application for lacking in merit.
However, in overruling the application, the trial court directed the prosecution to file and serve on the appellant another proofs of evidence. But the appellant still proceeded to file the appeal on April 24, 2018, wherein he complained of five grounds. Also, Justice Mohammed Mustapha dismissed the appellant’s appeal seeking to appeal the ruling delivered by Justice Taiwo, on November 10, 2017, dismissing his application to quash the four count charges contained in the information/charge dated August 25, 2017. Similarly Justice Philomena Ekpe, also dismissed Evans appeal, where he argued that Justice Hakeem Oshodi erred in law when he held that the amended information/charge dated October 19, 2017, filed by the first respondent, was competent without an accompanying or attached proof of evidence as required by law.
Dissatisfied with the ruling of the lower court, the appellant filed an appeal on April 20 2018, where he said that the judge erred when he said that there is a prima facie case against him. In his ruling, Justice Ekpe said: “Accordingly, this appeal is adjudged unmeritorious and is, therefore, dismissed in its entirety. The ruling delivered by the lower court by Justice Oshodi on November 3, 2017, in suit NO ID/5970C/2017, is upheld. I make no order as to cost, appeal dismissed.”
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