Ololade Adeyanju/
Justice Ademola Adeniyi and his wife, Olabowale, were docked today at an Abuja High Court on 11-count criminal charge.
They were later granted N50million bail each on self-recognisance.
Justice Ademola, who is due for retirement next year, had served under the Abuja Division of the Federal High Court before he was asked to temporarily step down from the bench by the National Judicial Council (NJC), when he was accused of receiving gratifications on various dates between 2014 and 2015.
His wife is the Head of Service of the Lagos State Government.
Trial Justice Jude Okeke granted the defendants bail today shortly after they took turns and pleaded not guilty to charges leveled against them by the Federal Government. The Judge further ordered the defendants to surrender their international passports to the Deputy Chief Registrar of the Court, pending hearing and determination of the charge against them.
The defendants however begged the court to give them seven days within which to deposit their passports. The request was granted. The court subsequently fixed January 18 to commence hearing on the matter.
The prosecution was directed to furnish the defendants with copies of the statements that it they would rely on in the course of the trial. The defendants were among other things, accused of receiving a car worth N8.5million as gratification from a Senior Advocate of Nigeria, Mr. Joe Agi, as well as possessing two rifles not validly registered.
FG alleged that Justice Ademola and his wife conspired and also received N30million gratification from Joe Agi and Associates between March 11 and March 26, 2015. It further accused Ademola of “dealing with property subject matter of an offence”, by transferring N85million and N90million, totalling N175million, to Franco Dan Parker on February 24, 2014. The offences are against section 24 of the Corrupt Practices and other Related Offences Act, 2000, and punishable under the same law.
Justice Ademola, who is a grandson to a former Chief Justice of Nigeria, was also accused of attempting to receive gratification in the sum of N25million from one Sani Shaibu Teidi on February 21, 2014. FG alleged that he had on January 5, 2015, in his capacity as a public servant, “corruptly received from Joe Odey Agi, a BMW Saloon 320i valued at N8, 500,000, through your son, Ademide Ademola, as gratification, in the exercise of his official functions as a Judge of the Federal High Court of Nigeria”.
He was accused of having in his possession on October 7, 2016, one Pump Action Rifle with serial number AVAR MAGNUM 6084 without a valid licence and thereby committed an offence contrary to section 3 of the Robbery and Firearms (Special Provisions) Act, 2004.
He, on the same date of October 7, 2016, allegedly had in his possession another Pump Action Rifle with serial number AVAR MAGNUM 6284 without a valid licence.
In count-11, Justice Ademola was accused of having in his possession, on the same date, 35 rounds of live ammunition (cartridges) without a valid licence and thereby committed an offence contrary to Section 3 of the Robbery and Firearms (Special Provisions) Act, 2004”.
Meanwhile, the defendants who were represented by two Senior Advocates of Nigeria( SAN), Dr. Onyechi Ikpeazu and Chief Robert Clarke, pleaded innocence to the allegations, even as they urged the court to grant them bail on self-recognisance.
The duo, via separate bail applications dated December 8 and predicated on sections 138, 162 of the Administration of Criminal Justice Act, 2015, and sections 35(4) and 36(5) of the 1999 constitution, expressed their readiness to sign an undertaking before the court to always be available for their trial.
Earlier, the prosecuting counsel, Mr. Shegu Jegede, said he would not oppose their bail requests.
“My lord we are not opposed to this application, given the circumstances of this case, particularly the standing of the defendants and the rapidly impending Christmas,” he said. “However, I apply that your Lordship imposes such sanctions that will make the defendants to attend trial as required; in doing that I will call your Lordship’s attention to section 162 of the ACJA.”
Counsel to Ademola’s wife, Chief Clarke, SAN, adopted the submission.
He said: “My Lord, I will add that the 2nd defendant is the substantive Head of Service of the Lagos State Government; a position that carries huge responsibility, not only within the country, but outside the country. “My lord as a Lagosian myself, I can comfortably boast that the state hosts several international conferences, therefore, asking for her passport will greatly hinder her duties on Lagos State needs.”
He urged the court to exercise its discretion in favour of the defendants.
In his bench ruling, trial Justice Jude Okeke, noted that none of the offences upon which the defendants were charged could attract capital punishment. He said it could at best, attract imprisonment exceeding three years. Justice Okeke held that the prosecution did not counter averments by the defendants that they never abused the administrative bail earlier granted to them by the DSS. He further observed that the prosecution had deposed an affidavit to the effect that it had concluded investigations into the matter. It will be recalled that FG had on December 5, applied to withdraw an initial 15-count charge against the defendants dated November 14, even as it entered the amended 11-count charge dated December 1 and marked CR/21/16.
FG had earlier disclosed that it had lined-up three witnesses to testify against the defendants. Those to testify against them are Babatunde Adepoju who took statement of the defendants, George Inyang who will testify on the Link Chart and a GT Bank PLC staff. Evidences to be tendered against the defendants include their Bank statements.
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