Justice Adeniyi Ademola who was among eight superior court judges
that were arrested after a “sting operation” the Department of State
Service, DSS, conducted in October last year, has voluntarily retired
from the Federal High Court bench.
Justice Ademola A source disclosed to
Vanguard that the Judge tendered his resignation letter to the National
Judicial Council late in the evening on Wednesday after he had presided
over several cases, four of which were criminal matters.
He had earlier
fixed today (Thursday) to deliver judgment on a terrorism charge the
Federal Government entered against alleged Boko Haram members.
Although there was no detail as to his sudden decision to voluntarily
bow out of the bench, the embattled judge was however quoted to have
cited happenings in the judicial sector as the cardinal reason behind
his action.
His decision came a day after the NJC which is headed by the
Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, met in Abuja.
The NJC which is expected to deliberate on its recent controversial
recommendation for the elevation of 14 new Justices for the Court of
Appeal, had adjourned to conclude its meeting today. It was however not
clear if the case of Justice Ademola was discussed by the Council.
It
will be recalled that the NJC earlier went before the Court of Appeal in
Abuja to challenge an order restraining it from investigating
corruption allegation against Justice Ademola.
The Council urged the appellate court to set-aside the restraining
order that Justice Ademola secured against it on July 7. The order was
contained in a judgment that was delivered by Justice John Tsoho of the
same high court where Ademola is currently serving.
In its notice of
appeal dated August 14, the legal body, argued that Justice Tsoho erred
in law when he barred it from inviting Justice Ademola to answer to
allegations contained in a petition that was lodged against him.
Justice
Tsoho had in the said judgment, stopped NJC from investigating Ademola
over the petition that was filed by one Hon. Jenkins Duvie Giane Gwede
but subsequently withdrawn.
The high court maintained that NJC could no longer open investigation
into the matter or invite Ademola to prove his innocence to a petition
that was voluntarily withdrawn by the petitioner since 2016.
However,
NJC, in the appeal it filed alongside three members of its investigative
panel- Justice Umar Abdullahi (retd), Justice Babatunde Adejumo and
Mrs. Rakiya Ibrahim – raised 10 grounds it urged the appellate court to
consider and set aside the high court verdict. It accused Justice Tsoho
of assuming jurisdiction in the case where the National Industrial Court
of Nigeria has exclusive jurisdiction.
The council insisted that
Justice Ademola being a serving judge was under its supervision and
regulation, saying the planned probe was in line with its statutory
function. The restraining order followed a suit Justice Ademola filed
against the NJC which had already constituted a three-man panel to
commence an investigation into the said petition.
The embattled Judge had contended that allowing the NJC to go ahead
with the investigation when the petition had been withdrawn, would
amount to gross abuse of his rights. He told the high court that the NJC
earlier invited him through a letter dated July 25, 2016, to appear
before the three-man investigative panel on August 8 and 9, 2016. He
claimed that the petitioner on his volition withdrew the petition on
July 27, 2016, on the ground that it was written in error and based on
misinformation.
According to him, withdrawal of the petition was backed
with affidavit evidence that was deposed to by the petitioner himself,
in which he clearly stated reasons he decided to abandon the matter.
Ademola told the court that on September 26, 2016, when he appeared
before the NJC panel, he was asked to still prove innocence to
allegations that have been withdrawn by the petitioner.
He told the
court that all entreaties to the NJC panel that there was no petition
against him any longer proved abortive as the panel insisted that he
must go ahead to establish his innocence. Consequently, he urged the
court to prohibit the NJC from inviting him for investigation in a
petition that had been withdrawn, on the ground that his right to fair
hearing would be violated in view of the fact that the respondents
cannot be the accuser, prosecutor, and judge in the matter.
Specifically, the petitioner alleged that the embattled Judge collected
$200, 000 to discharge a garnishee order that was granted in his favor.
In his judgment, Justice Tsoho agreed that the right of the plaintiff
would be violated by the respondents on the strength of the withdrawal
of the petition and the filing of an affidavit in support of the
withdrawal by the petitioner. He, therefore, stopped the NJC and its
three-man panel from taking any further action in respect of the
withdrawn petition so as not to violate the right of the plaintiff to
fair hearing as enshrined in Section 36 of the 1999 Constitution, as
amended.
The court held that insistence of the NJC that Justice Ademola
must appear before the panel was contrary to the provisions of Section
36 (5 and 6) of the 1999 Constitution and therefore unconstitutional,
illegal and unlawful. It will be recalled that Justice Ademola was
hitherto suspended from the bench by the NJC.
He was later prosecuted by the Federal Government on an 18-count
corruption charge alongside his wife, Olabowale and a Senior Advocate of
Nigeria, Mr. Joe Agi. FG alleged that Ademola who is a grandson to a
former Chief Justice of Nigeria, had in the discharge of his official
duties, received bribe from Agi to the tune of N38.5million and
perverted the course of Justice.
Nevertheless, the trial court, in a
judgement that was delivered by Justice Jude Okeke on February 5,
discharged the defendants on the premise that FG failed to prove its
allegations against them. Having been cleared by the trial court, the
NJC which is headed by the Chief Justice of Nigeria, CJN, Justice Walter
Onnoghen, at the end of its meeting on June 1, directed Justice Ademola
and five other Judges to resume sitting on June 7.