Lukman Olabiyi
Justice Adedayo Akintoye of the Lagos State High Court, Igbosere yesterday admitted as exhibit the confessional statement of the suspected kidnap kingpin, Chukwudumeme Onwuamadike, popularly known as Evans.
The court, while admitting Evans’ confessional statement as exhibit, stated that the test of voluntariness of a statement cannot be determined by a procedural law relied upon by the defendant but by the provisions of the Evidence Act which is the instant law that regulates the admissibility of a statement.
The judge held that the defendant admitted during trial within trial to test the voluntariness of his statement that while he was making his confessional statement, there were no chains on his legs and no knife was held over his head.
“Once the basic requirements in obtaining statements from an accused person has been followed, no injustice can be said to have been caused to the defendant.
The rules of evidence requires that the statement will be relevant and admissible in law. I consider the allegations of duress made by the defendant as an afterthought. However, none of the allegations made by the defendant was proved by him.
“Having considered the evidence before the court and having the opportunity to hear the witnesses, I have no reason to doubt the evidence of the prosecution witnesses.
“I, therefore, hold that the prosecution has established the voluntariness of the statement sought to be tendered.
“Therefore, the argument of the learned counsel for the first defendant in these issues are hereby dismissed.
“The end result is that the five page statement of the first defendant sought to be tendered as exhibit is hereby admitted as exhibit,”Akintoye held.
Evans is currently facing two separate charges, bordering on conspiracy to kidnap, kidnapping and attempted murder before Akintoye.
In the first charge, Evans is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.
In the second charge, he is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.
Evans had on January 16 told the court that his confessional statement after his arrest sometime in 2017, was made under duress
He stated that he signed the papers given to him by the police with fear not to be tortured to death.
A trial within trial was however conducted.
Akintoye adjourned the case until November 28 for further hearing.