- Justice Adedayo Akintoye of the Lagos State High Court in Igbosere has rejected the claim by alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans, that a confessional statement was extracted from him under duress by the police.
Justice Adedayo Akintoye of the Lagos State High Court in Igbosere has rejected the claim by alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans, that a confessional statement was extracted from him under duress by the police.
In a ruling on Wednesday, Justice Akintoye said evidence before her showed that when Evans was making the five-page confessional statement “there were no chains on his legs and no knife was held over his head.”
The defendant had challenged the admissibility of the extrajudicial statement, alleging that he was threatened and forced to make it.
To test the voluntariness of the statement, the judge had ordered a trail-within-trial.
Giving ruling on Wednesday, Justice Akintoye held, “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 require 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 had 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.
“The end result is that the five-page statement of the first defendant sought to be tendered as an exhibit is hereby admitted as exhibit.”
Further hearing in the case was adjourned till November 28, 2019.
Evans is facing two separate charges, bordering on conspiracy to kidnap, kidnapping and attempted murder, before Justice Akintoye.
