Court sets date to rule on Ademola’s no-case submission

Justice Jude Okeke of an FCT High Court will rule on the no-case submission moved by Justice Adeniyi Ademola and two others on April 5.
Okeke fixed the date on Wednesday after hearing the submissions of counsel in the matter.
Ademola and his wife, Olabowale, as well as Joe Agi (SAN), are standing trial on an 18-count charge before Justice Jude Okeke.
The Federal Government arraigned them for criminal conspiracy to receive gratification in various ways, contrary to Section 8(1)(a) of the Independent Corrupt Practices and other Related Offences Act, 2000.
The prosecution had earlier closed its case after calling 19 witnesses, but the defendants opted for no-case submission.
At the resumed hearing on Wednesday, Dr. Onyechi Ikpeazu (SAN), counsel to Ademola, told the court that the allegations against his client were receiving of gratification and illegal possession of firearms.
He said the prosecution star witness, Babatunde Adepoju, the Investigating Officer from the Department of State Services, could not establish any link that the first defendant was influenced with money in the performance of his duties.
Ikpeazu argued that there was no prima facie case made by the prosecution to warrant his client to be called upon to open his defence.
According to him, the essential element of the offence is not provided by the prosecution.
In the case of the illegal possession of arms, Ademola produced a current licence, which was confirmed by Adepoju, the star witness, and the prosecution accepted it.
The issue of who owns the second gun was also cleared by this witness.
Ikpeazu said: “I urge the court to discharge the first defendant for the prosecution has not made any case against him.”
Arguing his no-case submission, Chief Robert Clarke (SAN), counsel to Olabowale, said no single witness gave evidence on how the second defendant influenced the first defendant.
He said: “In her statement, she said that she has never transferred any money to the first defendant.”
Clarke, therefore, urged the court to discharge and acquit Olabowale, with a cost against the prosecution for destroying her career.
Jeph Njikonye, counsel to Agi, said the essential element of the charge was not provided by the prosecution.
Njikonye said: “This is because the charge died at birth.”
He said that the prosecution did not make any prima facie case against the third defendant, and therefore urged the court to discharge his client.
Responding, prosecuting counsel, Segun Jegede, told the court that the prosecution made prima facie case against the defendants.
Jegede said: “We are relying on their extra-judicial statements and the evidence of the bank officers on their statements of account.”
He said the prosecution had established a link between the alleged N30 million gratifications to the defendants.
Jegede said as for the illegal possession of firearms against the first defendant,“the first defendant provided a new gun licence instead of renewed licence”.
He, therefore, urged the court to dismiss the no-case submission and compel defence to enter their defence.