A Lagos High Court Sitting in the Igbosere area has ruled that the confessional statement made by Suspected Kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans was voluntarily made.
Justice Adedayo Akintoye also held that Evans admitted during a “trial within trial” to determine the voluntariness of the statement, that while he was making his confessional statement, there were no chains on his legs and no knife was held over his head.
The judge said, “Once the basic requirements in obtaining statements from an accused person has been followed and 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 discountenanced.
“The end result is that the five page statement of the first defendant sought to be tendered as exhibit is hereby admitted as exhibit,” Justice Akintoye held.
After this ruling, the court subsequently admitted as exhibit the confessional statement made by Evans.
The court has adjourned further proceedings till
Before that date, the third defendant in the case, Linus Opara, is expected to have put before the court, the Certified True Copy of his medical report, preparatory to his request for bail on medical grounds.
Evans is currently facing two separate charges, before Justice Adedayo Akintoye. The charges border on conspiracy to kidnap, kidnapping and attempted murder.
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.
In his testimony on Jan. 16, Evans had 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 as he did not want to be tortured to death.
The court then decided to conduct a trial within trial to determine the veracity of these claims.