Evans: Court rules September 26 on admissibility of confessional statement

The trial judge fixed the date after listening to the arguments of counsels on the admissibility of the confessional statement made to the police when Evans was arrested. Earlier at the resumed hearing of the matter, Evans new counsel, Mr Chino Obiagwu had prayed the court for short adjournment to enable him study the case file. The counsel to the fifth and sixth defendants, Agwulanna Uzoukwu and Emmanuel Ochai opposed the request for adjournment, stating that several adjournments have been affecting their clients liberty. The trial judge, Justice Oshodi, agreed with the submission of Uzoukwu and Ochai and declined the request for adjournment by Obiagwu and advised him against filing frivolous application. “I cannot come from home during vacation to be told that the matter will not go on for one excuses or the other. Counsel should desists from filling frivolous application targeting at stalling the trial. Parties must get their witness ready so that justice will be served within reasonable time frame.” He ordered prosecution for the continuation of the trial. It would be recalled that proceedings of June 26 was put on hold as a result of a new counsel, Mr. Noel Brown who took over from Mr. Olukoya Ogungbeje who was counsel on commencement of Evans” trial. Evans is standing trial alongside Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba. They were arraigned on August 30, 2017, on two count charges of conspiracy and kidnapping of the Chief Executive Officer of Maydon Pharmaceutical Limited, Donatus Dunu, from whose family they allegedly collected €223,000 (N100m) as ransom. They pleaded not guilty to all the charges. However, the prosecution counsel, Mr Adebayo Haroun led the witness, Inspector, Idowu Haruna , who is a member of Intelligent Response Team (IRT) that arrested the defendants and conducted investigation to narrate the outcome of the investigations. Inspector Haruna in his testimony told the court that his five-man team took over the investigation from Lagos State Command based on the directives of the Inspector General of Police which led to the arrest of all the defendants. He said upon their arrest, the defendants made confessional statements was under a conducive environment and without duress. The prosecution however sought to tender in evidence the confectional statement of first defendant (Evans) together with video recording of his statement. Evans counsel, Obiagwu opposed it as a result of which Justice Oshodi ordered a trial within trial. During the trial within trial, Haruna told the court that Evans was cautioned before volunteered his statement under conducive environment. “His statement was not recorded under duress. I did not promise him anything before he volunteered his statement. The environment was very relaxed and he (Evans) confirmed telling me the truth. At that time, nobody was armed and nothing was used to threaten him. His statement was also video recorded and it was later transferred into compact disc (CD).” The prosecution counsel therefore requested to show the video in the open court to prove that Evans voluntarily made the statement. Again Obiagwu opposed it saying that the document does not comply with the Section 84 of the Evidence Act. Prosecution Haroun, in his response contended that the video complied with section 84 (4)(C) and Dickson V Sylva & Ors 2016 LPELR. Justice Oshodi subsequently adjourned for continuation of trial and ruling on the admissibility of the document.]]>