Justice Adeniyi Ademola |
The Court of Appeal on Monday in Abuja struck out an appeal filed by the
Federal Government challenging the discharge of Justice Adeniyi
Ademola, his wife Olubowale, and Joe Agi (SAN), from answering fraud
charges.
An FCT High Court had on April 5 dismissed all 18 counts, including
gratification charges preferred against them following ruling on a
no-case-submission application.
Delivering judgment, Justice Olabisi Ige held that all the objections
raised in the Notice of Appeal filed by the appellant were
un-meritorious.
NAN quoted the judge as saying it was not in the place of law and
practice direction of the court to interfere with a decision of the
trial court without substantial reasons.
According to him, the grounds upon which the appellant is seeking the
setting aside of the ruling of the trial court are not properly laid.
He said the appellant had not been able to discountenance the reasons that warranted the discharge of the three respondents.
Justice Ige held that some of the prosecution witnesses in the matter
at the trial court had completely acted in ignorance of the situation
they investigated.
On the voiding of Sections 53 and 60 of the Independent and Corrupt
Practices Commission (ICPC) Act, which the trial held was in conflict
with Section 36 (5) of the Constitution; the judge said the decision
subsisted.
Justice Ige, however, said that sections of an Act could only be
voided to the extent of their inconsistency with the Constitution.
“From the notice of appeal, no mention was made on this aspect which
means that the appellant is satisfied with the striking down of Sections
53 and 60 of the ICPC Act.
“Having not appealed against the striking down of Sections 53 and 60 of the ICPC Act, the decision of the trial court subsists.
“All the three issues brought for the court to decide are hereby
ruled against the appellant and the appeal is struck out for lacking in
merit.
“The ruling of justice Jude Okeke of the FCT High Court delivered on April 5 is hereby affirmed’’, the judge held.
The charges were filed by the Office of the Attorney-General of the
Federation following the raid by Department of State Service’s
operatives on the judge’s house on Oct. 7, 2016.
The trial court had ruled that the prosecution was unable to make out
a prima facie case with respect to any of the 18 counts on concluding
its case with 19 witnesses
The court held that it would amount to asking the defendants to prove
their innocence contrary to the provision of the Constitution which
required the prosecution to prove their guilt.
Ademola, a retired justice of the Federal High Court, Abuja, his wife
and Agi had stood the trial on allegations of gratification to
influence the decisions of cases before the former.
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