Justice Adeniyi Ademola of Federal High Court and his wife, Olubowale Ademola, could not be arraigned in court on Monday because of their absence in court. They would be arraigned before Justice Jude Okeke of FCT High Court, Maitama, Abuja, on Dec. 13.
They were accused of receiving gratification in various ways, contrary to Section 8(1)(a) of the Independent Corrupt Practices and Other Related Offences Act 2000. They would be arraigned by the Federal Government on 11-count criminal conspiracy
The News Agency of Nigeria (NAN) reports that Ademola was among the seven justices investigated after the sting operations carried out on Oct. 8 and Oct. 9, 2016 by the Department of State Services (DSS).
NAN also reports that Mrs Ademola is currently the Lagos State Head of Service.
At the resumed sitting on the matter in Abuja on Monday, the Director of Public Prosecution, Federal Ministry of Justice, Mr Mohammed Umar, told the FCT High Court, Maitama, Abuja, that Mr Segun Jegede was authorised to lead the prosecution.
Umar said this was in line with the provisions of Section 104(2) of the Administration of Criminal Justice Act (ACJA) (2015) and Section 174 of the 1999 Constitution as amended.
Jegede told the court that the prosecution filed two charges, one on Nov. 14 and the second on
He applied for the withdrawal of the 1st charge (Nov. 14 charge), saying that the charge dated
Dec. 1 was the accepted one, which was the authorised one in line with the obligation as stipulated in the ACJA.
Jegede also told the court that the defendants were not served the process because the Bailiff attempt was not successful and was told that Ademola travelled to Lagos at that time.
He, therefore, applied to be given a date for adjournment and a leave to affect a substituted serve on the defendants through their counsel as provided in Section 382(5) of the ACJA).
Jegede informed the court that Section 390 provides minimum of seven working days before the date certified on the notice.
The counsel for the defendants, Mr Jeph Njikonye, did not oppose the applications, saying “we are prepared to accept the charges on behalf of the defendants.”
He said this could only be invoked as in Section 382(5) of ACJA where personal service was impossible or unpractical and urged the court to grant leave to the prosecution to serve through him.
He said the defendants would be in court at the next adjourned date.
The Judge, Justice Jude Okeke, after hearing the submissions of the counsel, granted the applications of the prosecution and adjourned the matter until Dec. 13 for arraignment.