•Couple to be arraigned on December 13
From Godwin Tsa, Abuja
Arraignment of Justice Adeniyi Ademola of the Abuja division of the Federal High Court and his wife, Olabowale, before a High Court of the Federal High Court of the Federal Capital Territory (FCT), by the Federal Government over gratification charges was yesterday stalled due to their absence in court.
Justice Ademola was one of the serving judges arrested on October 8, 2016 by the Department of State Services (DSS).
The defendants were absent because they had not been served with the fresh charges which have been reduced from 15 to 11 counts.
Accordingly, Justice Jude Okeke adjourned the matter till December 13, 2016.
But before then, their lawyer, Mr. Jeph Njikonye, volunteered to accept service on behalf of his clients.
Earlier, the prosecuting counsel, Mr. Segun Jegede, had told the court that the bailiffs attempted to serve the couple with the charges, but they were said to have travelled to Lagos.
He said though he intended to ask the court for an order for substituted service on the defendants, he changed his approach since the defence counsel had volunteered to accept service on behalf of the defendants.
He urged the court to grant leave to serve the defendants through their lawyer on the strength of Section 382(5) of the Administration of Criminal Justice Act.
Njikonye, although, expressed readiness to accept service on behalf of his clients, said he was not aware of attempts to serve the couple personally and so section 382(5) of the ACJA was applicable.
The defence lawyer, however, submitted that the court under its inherent powers grant the leave for service.
Justice Okeke said record showed that a court bailiff attempted to serve the defendants in Abuja on December 2, but were said to have travelled to Lagos.
The government had earlier filed a 15-count criminal charge against them before it was later reduced to 11 counts.
The charge which was filed at an Abuja High Court was signed by Hajara Yusuf, a principal State Counsel in the Federal Ministry of Justice.
According to the charge, the defendants allegedly received N30 million from Messrs Joe Odey Agi Associates between March 11 and 26, 2015 and another N40 million between February 20 and 21, 2014.
The alleged offence was said to have been committed between February 2014 and June 2016 contrary to Section 8 of the Independent Corrupt Practices Commission Act , 2011 and Section 115 of the Penal Code Law .
Specifically, Justice Ademola was alleged to have received N30 million from Messrs Joe Agi Associates between March 11 and 26, 2015 and his wife also received N30 million from Messrs Joe Agi Associates.