Court Throws Away AGF’s Poor Case Against Justice Ademola, Wife

A High Court of the Federal Capital Territory in Maitama, Abuja on Wednesday threw away the poor case the Office of the Attorney-General Federation made against Justice Adeniyi Ademola, his wife Olubowale and a Senior Advocate of Nigeria, Mr. Joe Agi as it dismissed all the 18 counts, including gratification charges, preferred them.

Mr. Ademola, judge of the FHC, was among the judges arrested last October in a controversial midnight raid by the State Security Service.

Justice Jude Okeke discharged the three defendants in a ruling in which he upheld the no-case submissions of the defendants.

The learned judge was of the view that the prosecution failed to make out a prima facie case with respect to any of the 18 counts, so much that it was needless calling on the defendants to enter their defence.

Justice Okeke said the case of the prosecution was merely based on strong suspicion and speculation fueled by the feeling of fight against corruption, on which no reasonable court could base any conviction.

He said it would amount to asking the defendants to prove their innocence contrary to the provision of ‎the Constitution which placed the onus on the prosecution to prove their guilt.

Justice Okeke held that the prosecution was unable establish that the sum of N30m paid by Agi into Olubowale’s bank account in three tranches of N10m each between March 11 and 26, 2015, was gratification meant to influence Justice Ademola in his official functions.

According to him the prosecution failed to show evidence to the contrary on the claim by the defendants that the sum of N30m was not a gift passed from two mutual friends of Justice Ademola and Agi by the SAN to Olubowale in support of the Ademolas for the wedding of their daughters held in April 2015.

Justice Okeke further held that the failure of the 16th prosecution witness, Mr. Babatunde Adepoju of the Department of State Service, DSS, to link the gift of N30m to any case Agi was having before Justice Ademola was fatal to the case of the prosecution.

The decision is somehow an indictment on the Office of the Attorney-General Federation, the DSS for their excitement, poor handling of the matter and rush to conclusion.