.jpeg)
Convicted and sentenced kidnap merchant, Chukwudumeme Onwuamadike, popularly known as Evans, was on Wednesday ordered to refund a sum to the tune of €233,000 (Two Hundred and Thirty-Three Thousand Euros) ransom he coercively collected from one of his victims, Chief Donatus Dunu.
The order was made by the Lagos State High Court in Tafawa Balewa Square (TBS), presided over by Justice Olukayode Ogunjobi, who also ordered the convicted kidnapper to pay N50 million (Fifty Million Naira) as general damages in favour of the claimant.
The claimant, a pharmacist, was taken away on February 14, 2017, for ransom and held hostage, before he escaped from captivity.
Dunu, after his escape, had alleged that the defendant (Evans) collected the sum of €233,000 as ransom before he escaped from abduction.
As a result, Dunu, who is the Chief Executive Officer (CEO) of Maydon Pharmaceutical Company, initiated a suit designated LD/5243GCM/2018 demanding the return of the sum of £223,000 he paid as ransom while in the custody of the kidnap kingpin.
The pharmacist had also made a demand of N50 million as damages.
While the case lasted, Dunu had in his testimony before the court argued that he was abducted on February 14, 2017, for ransom and held hostage, before he escaped from captivity.
Upon his escape, Dunu informed the court that 'Evans' collected the said sum as ransom before he escaped from abduction. The pharmacist who added that 'Evans' asked him to instruct his brothers, Anslem Dunu and Innocent Dunu to pay the ransom, revealed that the sum of €233,000 was paid, but the defendant refused to release him, and he eventually escaped from captivity.
Even on his part, the claimant's brother, Anslem Dunu said on February 14, 2017, his brother, Innocent Dunu informed him that the claimant was abducted and that on the next day, he spoke with the claimant over the phone who instructed him to pay his abductors N100 million as a ransom for his release.
Anslem stated that the kidnappers later demanded £1 million, with an addition that his relation, one Uchenna Okagwu, delivered Euros233,000 to the abductors.
But in his defence, 'Evans' contended that the strength of the claimant's case is predicated majorly upon criminal trial against him and others in suit no. 1D/5970C/2017.
The defendant equally submitted that the only evidence before the court as to the payment of €233,000 and to whom if any it was paid to was the evidence of Uchenna Okagwu, who allegedly delivered the money to the abductors.
'Evans' added that in the criminal trial in suit no. 1D/5970C/2017, Okagwu testified that he dropped the said sum on the ground and fled and that he did not see anybody or deliver the money to anyone.
He argued that the evidence of Okagwu who delivered the said ransom to the abductors which is the only direct evidence must pass the test of proof beyond a reasonable doubt.
The defendant further submitted that the judgment delivered by Justice Hakeem Oshodi on February 25, 2022, is now a subject of an Appeal at the Court of Appeal, Lagos Division.
However, in his judgment, Justice Ogunjobi held that the defendant gave inconsistent evidence and cannot be regarded as a truthful witness.
The judge, who maintained that having watched the demeanour of the defendant in the witness box while giving evidence, declared that he concluded that the defendant is not a witness of truth, and his evidence cannot be trusted.
According to Justice Ogunjobi, “It is settled law that no witness who gives materially inconsistent evidence on oath is entitled to the honour of being accorded with any credibility and such does not deserve to be treated as a truthful witness.
“Aside from adducing conflicting pieces of evidence on oath, I have watched the demeanour of the defendant in the witness box when giving evidence and concluded that the defendant is not a witness of truth. I do not believe his evidence. I accept the unchallenged and uncontroverted evidence of the claimant and his witnesses. The evidence supports the reliefs sought by the claimant.
"Consequently, the claimant is entitled to be paid or repaid and or recover from the defendant, the sum of Euro 233,000 (Two Hundred and Thirty-Three Thousand Euros) ransom coercively paid by the claimant to the defendant when the defendant kidnapped the claimant in the year 2017 and held the claimant hostage for months.
“The sum of N50,000,000.00 (Fifty Million Naira) is awarded as general damages in favour of the claimant against the defendant.
“Post-judgment interest is awarded on the said sum of Euro233,000 at the rate of 10% per annum from judgment, i.e. 14th of February 2023 until final liquidation.
“The adjudged said sum of Euros 233,000 (Two Hundred and Thirty-Three Thousand Euros) and N50,000,000 (Fifty Million Naira) is hereby ordered to be paid or recovered from the assets of the defendant.”
Justice Ogunjobi however refused the claim for prejudgment interest of 40 per cent per annum on the €233,000 (Two Hundred and Thirty-Three Thousand Euros).
All rights reserved. This material and other digital volumes on this website, may not be reproduced, published, broadcast, rewritten, or redistributed in whole or in part without prior express written permission from THE NEWS ACCELERATOR NETWORK.
For advert placement, please contact thenewsacceleratornetwork@gmail.com or 08033599492.
إرسال تعليق