The planned arraignment of the alleged notorious kidnapper, Chukwudumeme Onwuamadike, alias Evans, for the alleged murder of two persons was stalled on Friday, due to the failure of the prosecution to back the charge sheet with a valid proof of evidence.
The presiding judge, Justice Oluwatoyin Taiwo, held that the charge sheet was irregularly filed, having not been accompanied with a valid proof of evidence, an error, she pointed out, was fundamental and could not be overlooked.
However, rather than dismissing the seven charges, as prayed by Evans’ lawyer, Mr. Olukoya Ogungbeje, the judge directed the prosecution, led by the Attorney General of Lagos State, Mr. Adeniji Kazeem, to do the needful by attaching a valid proof of evidence.
The judge held, “I find that the amended charge is irregularly filed. However, this does not warrant that the charges should be struck out. All the prosecution needs to do is to file the proof of evidence and serve same on the defence before the next date of appearance.”
She, therefore, adjourned till December 15, 2017, for the state to return for Evans’ arraignment.
Ogungbeje had, in an application he filed seeking the quashing of the charges, pointed out that the state had amended the original charge sheet but did not file a fresh proof of evidence to replace the one earlier filed.
He quoted Section 251 of the Administration of Criminal Justice Law of Lagos State and cited the case of a former governor of Lagos State, Bola Tinubu, who, he said, was discharged by the Code of Conduct Tribunal for the failure of the prosecution to attach proof of evidence to the charge sheet.
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