The Federal Government (FG) has asked the Court of Appeal in Abuja to reverse the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Adeniyi Ademola of the Federal High Court and two others.
Justice Okeke, in the ruling, upheld the no-case submission made by Justice Ademola, his wife, Olabowale and a lawyer friend, Joe Agi (SAN), who were charged with giving and receiving gratification, among others in an 18-count charge.
The FG’s request is contained in three separate notices of appeal it filed yesterday, through the office of the Attorney General of the Federation, at the Court of Appeal, Abuja.
It argued among others, that Justice Okeke erred in law in reaching his decision to discharge and acquit the three defendants.
The appellant particularly wants the Court of Appeal to issue an order allowing the appeal and overrule the decision of the lower court and remit the case back to High Court for re-assignment and defence.
The FG contended, in the first ground of appeal, that Justice Okeke erred in law when he proceeded to evaluate the evidence of the prosecution and ascribed probative value to it when he ought to, at the stage of ruling on the no-case submission, merely consider whether or not the prosecution has made out a prima facie case to warrant the defendants to enter defence.
“What has to be considered in a no-case submission is not whether the evidence against the accused is sufficient to justify a conviction, but whether the prosecution has made out a prima facie case requiring, at least, some explanation from the defendants.
“At that stage of the proceedings, the credibility of the witnesses is not in issue, nor does a consideration in that regard arise. The wrong exercise of discretion by the learned trial judge against the established procedure has grossly occasioned a miscarriage of justice on the appellant,” it said.
The appellant also faulted Justice Okeke’s position that the offence of giving and receiving gratification was not made out by the prosecution against the defendants despite the “overwhelming evidence, exhibits and testimonies of prosecution witnesses before the court.”
It noted that as against the trial judge’s position, the prosecution led evidence to show how N30 million was paid to Justice Ademola through his wife’s account by Agi, to which the defendants allegedly admitted, but said the money was gift for Justice Ademola’s daughter’s wedding held in April 2015.
The appellant also faulted Justice Okeke’s position that Section 60 of the Corrupt Practices and other related offence Act 2000 did not apply to the case.
It argued that Justice Ademola breached Section 60 of the Corrupt Practices and other related offence Act 2000, because when he allegedly accepted the N30m from Agi, the 3rd defendant (Agi) had cases that he was handling before the judge.
The appellants also argued that Justice Okeke erred when he held that Agi’s “giving of a brand new BMW car to the son of the first defendant (Justice Ademola) as a gift does not amount to bribery and therefore not sufficient to have impeded the 1st defendant’s in the discharge of his functions as a Federal High Court judge.
It argued that there was no was the judge would not have been influenced by the gift, because as at when Agi bought the car for Justice Ademola’s son and paid for it from his law firm’s account, Agi had cases before Justice Ademola.
The appellant further faulted Justice Okeke’s decision that Sections 53 and 60 of the Corrupt Practices and other related offences Act 200 do not apply to the case, when it was the case of the 2nd defendants (Justice Ademola’s wife) that “the gift received by her from Joe Agi were customary in nature and therefore not gratification.” Click to signup for FREE news updates, latest information and hottest gists everyday
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