Court orders Evans to refund ransom of €233,000 to victim
By Sodiq Adelakun
The Lagos State High Court, sitting at Tafawa Balewa Square on Lagos Island, has ordered kidnap kingpin Chukwudumeme Onwuamadike, popularly known as Evans, to refund the £233,000 ransom paid by one of his victims, Chief Donatus Dunu.
In addition, Justice Olukayode Ogunjobi ordered the convicted kidnapper to pay N50 million in general damages to the Claimant.
The claimant, a pharmacist, was kidnapped for ransom on February 14, 2017 and held hostage before escaping.
Upon his escape, he claimed that the Defendant had collected £233,000 in ransom prior to his abduction.
As a result, the claimant, the CEO of Maydon Pharmaceutical Company, filed a lawsuit seeking the return of the £223,000 he paid as ransom while in the custody of the kidnap kingpin.
In addition, the claimant sought N50 million in damages.
In his testimony before the court, the claimant stated that he was kidnapped for ransom on February 14, 2017 and held hostage before escaping.
Upon his escape, he claimed that the Defendant had collected £233,000 in ransom prior to his abduction.
The claimant went on to say that the Defendant also asked him to instruct his brothers, Anslem and Innocent Dunu, to pay the ransom.
He stated that £233,000 had been paid, but the Defendant refused to release him. He eventually broke free from captivity.
Despite several adjournments for cross-examination, he was not cross-examined by the defendant.
Anslem Dunu, the claimant’s brother, also testified and adopted his witness statement on oath on May 16, 2022.
In his testimony, he stated that on February 14, 2017, another of his brothers, Innocent Dunu, informed him that the Claimant had been abducted.
The next day, he claimed he spoke with the Claimant over the phone, who instructed him to pay his kidnappers N100 million as a ransom for his release.
He claimed that the kidnappers later demanded £1 million. His relative, Uchenna Okagwu, handed over £233,000 to the kidnappers. He was also not cross-examined.
However, in his defense, the defendant contended that the strength of the Claimant’s case is predicated primarily on criminal proceedings against him and others.
The defendant also claimed that the only evidence presented in court regarding the payment of £233,000 and to whom, if any, it was paid was the testimony of Uchenna Okagwu, who allegedly delivered the money to the abductors.
He went on to say that during the criminal trial, Uchenna Okagwu testified that he dropped the money on the ground and fled, and that he did not see or deliver the money to anyone.
He contended that the only direct evidence, that of Uchenna Okagwu, who delivered the ransom to the abductors, must pass the test of proof beyond reasonable doubt.
The defendant claimed that the judgment handed down by Justice Hakeem Oshodi on February 25th, 2022 is now the subject of an appeal at the Court of Appeal, Lagos Division.
In his decision, Justice Ogunjobi stated that the defendant provided inconsistent evidence and cannot be considered a truth witness.
The Judge also stated that after observing the defendant’s demeanor in the witness box while giving evidence, he concluded that his evidence cannot be trusted.
Justice Ogunjobi held “It’s settled law that no witness who gives materially inconsistent evidence on oath is entitled to the honour of being accorded with any credibility and as such does not deserve to be treated as a truthful witness.
“Besides adducing conflicting pieces of evidence on oath, I have watched the demeanour of the Defendant in the witness box when giving evidence and came to the conclusion 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 support 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 £233,000 (Two Hundred and Thirty-Three Euros) ransom coercively paid by the Claimant to 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 cent per annum from judgment i.e. 14th of February, 2023 until final liquidation. The adjudged said sum of Euros £233,000 and N50,000,000 is hereby ordered to be paid or recovered.”
