FG Yet to File Appeal against, Justice Ademola, Wife, Others
By Tobi Soniyi
Investigations yesterday revealed that the Federal Government has yet to file an appeal against the ruling of an Abuja High Court which freed Justice Adeniyi Ademola and two others from alleged corruption contrary to media reports attributed to the Presidency that an appeal against the ruling had been filed.
Check at the Code of Conduct Tribunal also revealed that no fresh charge was filed against the judge.
An18-count charge filed against the judge, his wife, Olabowale and a Senior Advocate of Nigeria, Joe Agi was struck out after the trial judge, Justice Jude Okeke found that the prosecution did not support the charge with evidence.
The prosecution concluded its case after calling 18 witnesses. But the defendants filed a no-case submission meaning that the prosecution had not led enough evidence to warrant the defendants to enter a defence.
Delivering ruling in the no-case submission, Justice Okeke on Wednesday dismissed all the counts, discharged and acquitted the defendants.
However a day after, the media was awash with reports that the Federal Government had appealed the ruling and also filed a charge against Justice Ademola and his wife before the Code of Conduct Tribunal.
Meanwhile, a visit by our correspondent to the Abuja High Court Registry where the notice of appeal should have been filed for onward transfer to the Court of Appeal revealed that no such appeal had been filed.
A source at the Court of Appeal, who did not want to speak on record because he was not authorised to speak on the matter also said that there was no such appeal before the Court of Appeal.
Mr. Oladimeji Ekengba, the lawyer to Joe Agi who was arraigned alongside Justice Ademola, told our correspondent that the defence had not been served with any notice of appeal.
Ekengba also said that when he read the news report that an appeal had been filed, he sent his junior to check at both the Abuja High Court and the Court of Appeal and found that no such appeal had been filed.
While pledging the readiness of the defence to defend any appeal, he wondered why the Presidency chose to mislead the world by claiming that an appeal had been filed when no such appeal was filed.
He said: “We were shocked to read from the newspapers this morning that an appeal has been filed by the prosecution and that another suit instituted at the CCT against Justice Ademola and his wife. Up till now, we have not been served with the appeal. We have been to the high court this morning to check the records but there is no notice of appeal.
“We have also cross checked at the CCT, nothing has been filed. Although, we know that they have a right of appeal, but they should do it and stop lying about it. If they have filed, then they should serve us. If they are telling media that they have filed, they should include the appeal number and other information. They have done enough damage to our clients using the media. I think all these should stop. If they want to appeal, they should go ahead and there is no need shouting about it.”
Justice Ademola was one of the seven justices whose houses were raided by operatives of the Department of State Security on October 7and 8, 2016.
The Federal Government later filed an 18-count charge of alleged conspiracy, giving and receiving of gratification and illegal possession of fire arms against the defendants.
The prosecution led by Segun Jegede while presenting his case called 18 witnesses to testify against the defendants.
The defendants later filed a no-case submission on ground that the prosecution had failed to link them in anyway with the filed charge.
In a ruling that lasted about four hours, Justice Okeke held that the prosecution had not in any way linked the defendants with any of the 18 counts in the charge and as such there was no basis to call on the defendants to open defence in the matter.
