THE arraignment of Justice Adeniyi Ademola of the Federal High Court, Abuja and his wife, Mrs Olubowale Toluwatope Ademola, the Head of Service of Lagos State, scheduled for Monday, before a Federal Capital Territory (FCT) High Court will not hold on Tuesday, December 13.
Justice Ademola, who is one of the seven judges whose residences were raided by operatives of the Department of State Security (DSS) between 8 and 9 October in sting operations and his wife, Olubowale, were to be arraigned for offences bordering on criminal conspiracy to receive gratification, receiving gratification, contrary to Section 8 (1) (a) of the Independent Corrupt Practices and Other Related Offences Act 2000.
When the case was called before Justice Jude Okeke, sitting at Court 15 at Maitama, the Director of Public Prosecution (DPP) in the Federal Ministry of Justice, Mohammed Umar, informed the court that the defendants were absent in court.
Mr Jeph Njikonye, however, announced appearance for the defendants.
Umar informed the court that the Attorney-General of the Federation (AGF) and Minister of Justice, Mallam Abubakar Malami (SAN), in exercising his power under Section 74 of the Constitution and Section 104 (2) of the Administration of Criminal Justice (ACJ) Act, had authorised Segun Jegede to lead the prosecution team.
Jegede thereafter informed the court that there were two charges, one filed on November 14 and the other on December 1, before the court with the same number FCT/CR/21/2016, saying the second one was the authoritative one and sought to withdraw the first one.
He further told the court that the charge had not been served on the defendants as the court bailiff was told that Justice Ademola had travelled to Lagos when the court official went to serve it on the defendants.
He informed that he had wanted to seek for a substituted means of service but the defence counsel had approached the prosecution to accept service of the charge on behalf of the defendants in accordance with Section 382 (5) of the ACJ Act.
Jegede, however, sought the adjournment of the arraignment, saying that Section 390 of the ACJ Act allowed for a minimum of seven working days before date certified on the notice.
The case has been adjourned till December 13.
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