Lukman Olabiyi
Lagos State Government has sought leave of the State High Court, Igbosere handling the trial of suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans, to call rights activist, Femi Falana, a Senior Advocate of Nigeria (SAN) as its prosecution witness.
The state government applied for the court’s leave to add Falana as a prosecution witness in the trial at yesterday’s proceedings through its prosecuting counsel, Mr Y. G Oshoala.
Oshoala told the court that an issue came up during trial within trial, which required that “we call an additional witness.”
On January 16, Evans had told the court that the confessional statement, which he made to the police after his arrest in 2017 and sought to be tendered by the prosecution as exhibit in the trial, was made under duress.
Evans allegation against the prosecution made the court to order for a trial within trial to ascertain whether the defendant’s statement was actually made under duress.
At the resumed hearing yesterday, Oshoala told the court that during trial within trial Evans mentioned that Falana came to visit him while in police custody but was prevented from seeing him due to excessive torture, which he was going through.
The prosecutor, therefore, said he would want to call the Falana as a witness for the interest of justice.
But Evans’ counsel, Mr R. B. Ekeh, said that he has not responded to the application, adding that other defendants’ counsel said that they were not served with the application.
Oshala said: “The issue came up during trial within trial of the first defendant (Evans). Therefore, it does not concern the other defendants.”
Justice Adedayo Akintoye, however, ordered that all the defendants should be served, while “those concerned will reply.”
After this argument, the third defendant’s counsel, Mr S. E. Okeke, holding the brief of Mr J. C. Jiakponna, told the court that he had a bail application.
He informed the court that he has served the medical director of Kirikiri Maximum Security Prison the order made by the court on May 23, in which the director was ordered to issue a medical report on the state of health of the third defendant (Linus Opara).
The counsel had claimed that Opara had a failed operation in prison, which might require treatment at an outside hospital.
Okeke, however, said that the prisons “have not reacted to it. We will move our bail application after the prisons have reacted to the court’s order.”
Evans is currently facing two separate charges, bordering on conspiracy to kidnap, kidnapping and attempted murder, before Justice Adedayo 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.
Justice Akintoye adjourned the case until September 18 for ruling on the trial within trial, and hearing of bail application.