The trial of a judge of the Federal High Court, Justice Adeniyi Ademola; his wife, Olabowale; and a Senior Advocate of Nigeria, Joe Agi, over alleged payment and receipt of gratification commenced on Monday before an Abuja High Court as the prosecution called its first witness.
The Federal Government had slammed a 16-count charge on the trio bothering on payment and receipt of gratification.
At the commencement of the trial, the prosecution called its first witness, Ifeoma Ofonagoro, a sales consultant with Coscharis Motors Limited.
The witness however failed to link the judge with the purchase and receipt of a BMW 230i series as alleged in the charge.
The prosecution had in count 12 alleged that Justice Ademola received from Agi a BMW saloon 320i valued at N8.5 million through his son, Ademide, as gratification in the exercise of his official function as a judge of the Federal High Court of Nigeria.
While giving her evidence, Ofonagoro told the court that it was Ademide that approached the company to purchase a BMW 230i valued at N8 million, adding that the car was equally sold in the name of Ademide.
Asked whether she knows Agi, Ofonogaro answered in the affirmative and that she came to know him at the closing of sales of the BMW car to Ademide.
According to her: “While concluding on the purchase of the car, Ademide instructed us to address the quotation of the car to him as the buyer and attention the quote to Agi.
“We did as instructed.
“The transaction began in in December 2014 and it was perfected in January, 2015.
“On January 5, 2015, I got a call from Joe Agi that the money has been paid into the company’s Zenith Bank account.
“I later went to our accounts department to confirm the cast transfer.
“After confirmation, a driver and myself took the car to 16, Babatunde Anjous Avenue, Lekki, Phase 1, Lagos and delivered it to Ademide who inspected the car and signed the delivery note.”
The witness had further stated that receipt number BR-04258 was written in the name of Ademide Ademola on January 5, 2015.
At this point, the prosecution counsel, Segun Jegede, sought to tender the invoice, receipt and the email to which the quotation was sent to.
Counsel to Justice Ademola, Dr. Onyechi Ikpeazu, did not oppose the admissibility of the invoice and receipt, but however opposed the admissibility of the email on the ground that it was sent from an iPad, which was not certified.
He cited Secion 84 of the Evidence Act, which required the certification of the iPad of the witness through which the information was sent.
Both counsel to the second defendant, Roberts Clarke, and third defendant, J.C. Njikonye, agreed with Ikpeazu.
Jegede later withdrew the documents, leaving the invoice and the receipt.
Further, prosecution had sought to tender the statement of the witness.
The defence counsel however opposed it on the ground that such can only be when there is an ambiguity in the evidence of the witness or when the witness is not around to testify.
They submitted that there is no ambiguity in the testimony of the witness that warrants the the tendering of the written statement.
The prosecution counsel insisted that there is nothing that forbids him from tendering the document inasmuch it was the written statement of the witness.
He prayed the court to discountenance of the defence team and admit the written statement.
The trial judge, Justice Jude Okeke, after listening to the parties, adjourned till Tuesday for ruling.
Earlier, before the trial started, the prosecution had complained about the infrastructural state of the court room as being too congested and stuffy.
He urged the judge that if the trial will hold daily, then a more conducive court room should be allocated, adding that if such cannot be done, then the trial should be conducted in an open space where there will be enough ventilation.
Jegede further added that to be compelled to remain in the court room and proceed with trial will amount to crime to humanity.
The Defence Counsel however agreed that the state of the court room is not that okay but such should not stop the commencement of the trial.
In a brief remarks, the court noted that the court room is indeed stuffy, but added that is how the counsel and parties had been using it without any complaint.
He noted that the entire court premises is using a central air conditioner.
He, however directed the court registrar to make a formal complaint to the Chief Registrar.
He later ordered that the trial commences and that a solution will be proffered to the state of the court room.
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