Graft: Court acquits, discharges Justice Ademola, wife, lawyer

.Says, ‘Charges against them highly speculative, without merit’

The High Court of Federal Capital Territory Abuja on Wednesday dismissed all the 18-count criminal charge filed by the Federal Government against Justice Adeniyi Ademola of the Federal High Court, Abuja, his wife, Olabowale and a Senior Advocate of Nigeria, Joe Agi.

Trial Judge, Justice Jude Okeke also discharged and acquitted the three defendants on grounds that the prosecution failed to establish a prima facie case against them.

Justice Okeke in a ruling which spanned over two hours on a no case submission filed by the defendants, described the charges brought against the defendants by the Federal Government as highly speculative and without merit.

Justice Okeke in arriving at the decision ruled that the prosecution in its plethora of evidences could not establish any ingredients of conspiracy among the three defendants on count one.

“I have read the addresses of the parties and examined all the exhibits and found that the prosecution has not proved any of the essential elements of crime against the defendants, neither did it provide sufficient evidence to prove prima facie case.

He stated that section 97 of the Penal code under which the defendants were charged did not provide for ingredients for conspiracy but punishment.

“No person shall be punished for an act not provided for in the law. Therefore section 36(a) of the constitution of the Federal Republic of Nigeria renders the charges incompetent and it is hereby struck out,” Justice Okeke ruled.

Justice Okeke also ruled that the 19 witnesses called by the prosecution did not link the N30 million transferred by Agi to the second defendant to the first defendant, neither were they related to the garnishee orders made by Ademola for three companies in Cross River.

Justice Okeke stated that none of the prosecution witnesses from the Guarantee Trust Bank, who testified were able to disclose the purpose for which the N30m was transferred.

The judge added that the evidence of the prosecution witnesses which turned out to be in favour of the defendants were true, essentially as the prosecution counsel, Segun Jegede, did not declare the witnesses hostile.

On charges 6, 7 and 8 which alleged that N10m was transferred from Agi to the second defendant, the Judge said he did not establish how the second defendant influenced the first defendant in his official function.

“The third defendant ought not to be called to put up his defence when the counts do not meet the constitutional standard”, he said.

On the monies recovered from the residence of Ademola, the judge held that there was nothing to show that they were proceeds of illegality, adding that the prosecution witness from the Federal High Court in his testimony disclosed that Ademola earns over N500,000 as salaries and another N300,000 as allowances in addition to estacode of about 1.2m in foreign currency.

He stated that Ademola in his statement further stated that being a son of a former Justice of the Court of Appeal and a grandson of a former Chief Justice of Nigeria, he received a vast wealth from his parents’ inheritance.

“It cannot be said that a man who earns salaries and derived benefits from his father’s estate cannot possess capacity to muster such amount of money in his house.”

The court also reasoned that no person had claimed that the money found in Justice Ademola’s residence is missing or belong to him.

On the issue of arms and ammunition charges, Justice Okeke stated that while one belongs to Justice Ademola, the other belong to Justice A. R. Mohammed. He noted that the charges which read with valid licence took it out of the case of the Robbery and Firearms Act.

“It is the humble view of this court that the charge is inconsistent with the Robbery and Firearm Act. No evidence to show that the DSS requested for valid licence which the defendant did not provide at the time his house was searched”, he said.

According to him, the Robbery and Firearms Act provides for suspects to produce licence and that within that reasonable time Justice Ademola had provided the licence, therefore there is nothing more for him to explain.

On the charge that he gave false information to a DSS official, Babatunde Adepoju, that one of the guns belongs to Justice A. R. Mohammed, the court held that the evidence of Justice A. R. Mohammed was vital and noted that the prosecution could have called A.R. Mohammed or tender his statement in evidence to prove its case.

On the alleged car gift of a BMW car bought by Agi for Ademola’s son, Ademide, so as to influence Justice Ademola, the court ruled that Ademide did receive the car as an agent of his father.

According to the judge, Coscharis from whom the car was bought from had testified that Ademide is the owner of the car as voucher was issued in his name and even licencing was done in his name.

Justice Okeke therefore ruled that the case was built on speculation and high-level of suspicion fuelled by the zeal to fight corruption and therefore dismissed all the charges and acquitted the defendants.