A HIGH court of the Federal Capital Territory, FCT, sitting at Maitama, on Wednesday, April 5, struck out the 18-count corruption charge the federal government preferred against Justice Adeniyi Ademola, Olabowale, his wife, and Joe Ai, a Senior Advocate of Nigeria.

The court held that the federal government failed to prove any of the allegations it levelled against Ademola, who hitherto served as a judge at the Abuja division of the federal high court.

Justice Jude Okeke, the trial judge, in a ruling that lasted more than five hours, terminated further hearing on the criminal case, even as he discharged and acquitted all the defendants. Justice Okeke held that FG failed to establish that Ademola received gratifications from Agi to the tune of N38.5m, including a BMW Saloon 320i car gift.

The FG had alleged that Ademola got N30 million from the senior lawyer through a Guarantee Trust Bank, GTB, account number 201/110160/1/1/0, operated by his wife who was head of service in Lagos State. It alleged that Agi, had on January 5, 2015, purchased the car from Coscharis Motors Ltd on January 5, 2015, and handed it over to Ademide, Ademola’s son.

Besides, the prosecution in making its case against the defendants called a total of 19 witnesses. The prosecution also alleged that Ademola was in possession of two prohibited firearms without valid licences.

However, all the defendants, through their respective lawyers, entered a no-case-submission, insisting that the federal government did not establish a prima-facie criminal case against them capable of persuading the court to compel them to enter their defence to the charge. While upholding their no-case submission, Okeke held that the prosecution could not link the N30 million Mrs Ademola received from Agi, to any particular case being handled by her husband.

He also held that government could not tender any evidence showing that the said N30m was at any time, transferred to any bank account that belongs to Justice Ademola. “None of the witnesses identified or tendered evidence to show that N30m was paid into any bank account of the 1st defendant either by the 2nd or the 3rd defendants.”

Though Justice Okeke took cognisance of a statement Agi made before the DSS, where he admitted that it was two of his clients that directed him to pay the N30m to Mrs Ademola as gift during her daughter’s wedding in April, 2015, the judge, however, noted that the lead investigator, in his evidence-in-chief, admitted that he could not establish any link between the monetary gift and any case that was handled by Justice Ademola.

According to Justice Okeke, the investigator, who was reminded that Kola Awodehin, SAN, President Muhammadu Buhari’s lawyer, equally gave Justice Ademola N.5m gift during his daughter’s wedding, at a time Buhari’s certificate case was pending before his court, had stated that misinterpreting such gesture as gratification would amount to speculation. “This court totally agrees with the PW-16 that taking the N30m gift the 3rd defendant paid into the account of the 2nd defendant as bribe will be speculative and no court can convict based on speculation.

“A court of law reckons with hardcore evidence placed before it and not on speculations as to why the payments were made,” the judge said. Thus, he said the prosecution failed to discharge the burden of proof placed upon it by the law.

Justice Ademola was among seven superior court justices that were arrested after a sting operation of the Department of State Service, DSS, between October 7 and 8, 2016. The National Judicial Council, NJC, had asked him and others to temporarily step down from the bench pending determination of allegations the federal government raised against them.

—  Apr 5, 2017 @ 18:40 GMT

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