The National Judicial Council (NJC), on Wednesday, tendered a document before an Abuja High Court clearing Justice Adeniyi Ademola of any judicial misconduct in a petition filed by one Hajia Fatima Sani Shuaibu, wife of a former Director in Pensions Account Office of Head of the Civil Service of the Federation alleging that the judge requested for a bribe of N25 million from his husband as motive for showing favour in the exercise of his judicial function as a judge.
The Federal Government is prosecuting, Justice Ademola, his wife, Olubowale and Joe Agi (SAN) over a 16-count charge bordering on alleged giving, receiving of gratification and illegal possession of firearms.
The prosecution had listed the NJC as part of its witness in the ongoing trial and at the same time subpoena it to come and tender a petition filed by Fatima Shuaibu against Justice Ademola, Certified True Copy of the Investigative panel proceedings and the Certified True Copy of the panel’s reports.
At the resumed trial, the Director of Administration of the Council, E.I Odukwu, had presented the document to the court.
The court in turn admitted the documents.
The Prosecution had requested for the document to support Count 11 of its charge wherein it alleged that Justice Ademola on or about February 21, 2014 in his capacity as a judicial officer attempted to obtain gratification in the sum of N25 million from Sani Shaibu Teidi as a motive for showing favour in the exercise of his official functions contrary to Section 115(b) of the Penal Code Act, Cap 532 Laws of the Federal Capital Territory of Nigeria, Vol. 4 , 2007.
A copy of the document dated February 24, 2015 and signed Justice D.O Edozie who was the Chairman of the Investigative panel, reads in part, “The Respondent having denied any involvement in the allegation ,the complainant’s reliance is based on mere suspicion and it is trite that suspicion no matter how strong, cannot ground a conviction.
“We are persuaded to hold and unanimously too, that nothing has emerged from the complaints to establish that the respondent, Hon. Justice A.F.A Ademola, in dealing with the matter of bail application of Dr. Shuaibu, had compromised his judicial office and we recommend that the complaints be dismissed as they have not been established”.
Also, the Deputy Chief Registrar and head of litigations department of the Federal High Court, Christine Ende, who was subpoenaed by the court, appeared as Prosecution Witness 5 and tendered the CTC of the charge against Shuaibu, motion for bail and ruling on refusal for bail variation.
The court had also admitted same.
Earlier, Prosecution Witness 3, Ojima Etuh who is a Research Assistant with the Federal High Court told the court in her evidence in-chief led by the Prosecution counsel, Segun Jegede that she knew Joe Agi SAN as Justice Ademola’s personal lawyer.
She added that she saw Agi come to court 6, which Justice Ademola presides, though not frequently, and also, when he appeared for Justice Ademola in the course of his case at the National Judicial Council.
The witness also told the court that she had carried out other unofficial duties for Justice Ademola, including buying flight tickets, paying for DSTV subscriptions as well as withdrawing and paying in some money.
Under cross-examination led by counsel to the first, second and the third defendants – Onyechi Ikpeazu (SAN), Chief Roberts Clarke SAN and Jeph Njikonye, respectively, the witness admitted that Justice Ademola had once countered and thrown away a matter brought before him by Agi over his governorship ambition.
She also admitted that in cases involving Agi as a counsel, Justice Ademola always announce that parties were free to request for transfer of cases, and would not continue until there was no objection from both sides.
The witness admitted knowledge of the fact that Justice Ademola presided over terrorisn cases and specifically that he (Justice Ademola) gave an order against DSS to release a former National Security Adviser, Col. Sambo Dasuki who was remanded in custody for over three months without a charge.
She also admitted that the judge gave the similar order in the fundamental right suit filed by the leader of the Indegenous People of Biafra, Nnamdi Kanu.
Still under cross examination, the witness admitted that the she had never been charge or accuse of collecting any gratification for Justice Ademola from Joe Agi.
Questioned further, the witness admitted knowledge that there was a petition against Justice Ademola by Shuaibu’s wife to the NJC and that same was dismissed by the council and that Justice Ademola was held to have committed no wrong.
Attempt to call Prosecution Witness 6 by the prosecution was, however, opposed by the defense counsel on ground that his “summary of witness statement ” was not before the court.
The defence argued that it is the provision of the law that summary statement of a witness should be before the court before such witness will be allowed to testify.
Prosecution counsel however asked the court to discountenance the argument of the defense.
He submitted that he had filed the proof of evidence, list of witnesses, summary statement of the witnesses as specified by law.
Replying on point of law, counsel to Agi, noted that the summary statement filed by the prosecution was that of another person and the not the witness present in court.
After listening g to all the parties, the trial judge, Justice Jude Okeke adjourned till January 30, 31 and February 1 for ruling and continuation of trial.
