Court shifts trial of Justice Ademola, wife to Dec 13

The scheduled arraignment of Justice Adeniyi Ademola of the Abuja division of the Federal High Court and his wife, Olabowale on corruption charges before Justice Jude Okeke of the high court of the Federal Capital Territory, Abuja did not hold on Monday as scheduled.
However the court had shifted the arraignment till December 13 due to the absence of defendants in court.
When the matter was mentioned yesterday, the prosecution counsel, Mr. Shegu Jegede, told the court that attempt by the bailiff to serve the charge on Justice Ademola last week proved abortive as he was told that the defendant travelled to Lagos.
Jegede said he wanted to apply for an order of substituted service before the defence lawyer, Mr. Jeph Njikonye, expressed his willingness to accept the charge on behalf of his clients pursuant to section 382(5) of the Administration of Criminal Justice Act, which allows a lawyer to receive charge for a defendant.
The prosecution counsel stressed that section 390 of the ACJA provides for a minimum of seven working days before the date certified on the notice, for the defendants to appear for trial.
Meanwhile, FG yesterday applied to withdraw an initial 15-count charge dated November 14, saying it had on December 1, entered an amended 11 count charge against the defendants.
The defence lawyer did not oppose FG’s request to withdraw the initial charge. 
“We are not opposed to withdrawal of the initial charge. In the spirit of the ACJA which makes provision for expeditious disposal of criminal matters, we are prepared to accept service of the extant charge on the defendant. 
“We shall be praying your lordship to grant the leave pursuant to the inherent jurisdiction of this court and not under section 382(5).
“This is because Section 382(5) comes into place where personal service of charge on a defendant is impracticable or impossible.
“I am not aware of an attempt made by the bailiff to serve the charge on the defendant.
“I undertake that if my lord grant the application, the charge will be passed to the defendants and I assure that they will be in court on the next adjourned date for arraignment”, Njikonye submitted.

In a bench ruling, trial Justice Jude Okeke struck out the initial charge also marked CR/21/16.

The court said there was affidavit of none-service deposed to by the bailiff who stated that his attempt to serve the defendants on December 2, proved abortive, as he was told that the defendant travelled to Lagos.
Consequently, the court, by consent of the parties, adjourned the matter till December 13 for arraignment.
Specifically, FG, alleged that Ademola who was among the seven superior court Judges whose homes were raided by operatives of the Department of State Service, DSS, between October 7 and 8, and his wife, committed offences contrary to Section 8 of the Independent Corrupt Practices Commission Act , 2011 and Section 115 of the Penal Code Law .
FG maintained that the offences were committed between February 2014 and June 2016.

The defendants allegedly received N40million between February 20 and 21, 2014 and another N30 million from Messers Joe Odey Agi and Associates between March 11 and 26, 2015.

Justice Ademola was said to have received N30 million from Agi who is a Senior Advocate of Nigeria, between March 11 and 26, 2015, with his wife who is a senior civil servant with the Lagos State Government, also pocketing another N30m from the same source.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, endorsed Charges against the accused Judge and his wife who is currently the Head of Service in Lagos State.