BREAKING: Federal High Court Judge, Ademola Resigns

Justice Adeniyi Ademola of the Federal High Court, Abuja Division, has voluntarily resigned from service.

The High court judge, who was one of the eight judges whose houses were raided by the Department of State Security Service (DSS) for alleged corrupt practices and money laundering tendered his resignation letter to the National Judicial Council late in the evening of Wednesday after he had presided over several cases, four of which were criminal matters.

As at the time of filling this report, official reason or reasons for his retirement were unavailable.

BREAKING: Justice Ademola Returns To Office

Justice Adeniyi Ademola, of a Federal High Court, in Abuja, on Wednesday, resumed sitting in his temple of justice. Ademola’s recall followed his recall by the National Judicial Council, last week.

Justice Ademola was among the six judges earlier asked by the NJC to stop sitting, shortly after raid conducted by the State Security Service on his house and other judges’ in October last year.

But the NJC, in a statement through its Director of Information, Mr. Soji Oye, stated last Saturday, that Justice Ademola should resume his judicial duties on the basis that the court had exonerated him of the charges preferred against him by the Federal Government.

Five other judges were also asked to resume on the basis that the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, had failed to institute charges against them since October last year when the minister requested the NJC to suspend them pending the outcome of the cases against them.

 

Justice Ademola Claims DSS Arrest Was Over His Judgements

Adeniyi Ademola, one of the judges of the Federal High Court, arrested by the Department of State Services, DSS, last weekend, has said he was being tried for granting bail to ex-NSA, Sambo Dasuki and ruling that Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, be freed.

In a letter dated October 11, addressed to Mahmoud Mohammed, Chief Justice of Nigeria (CJN), Ademola said he was held for over 24 hours before he was told the reason why he was brought to the DSS office.

“…Upon signing the document, they told me that I am under arrest and ordered me with guns still pointed at me to move outside. As I was going, they told me they were taking me to their office, Department of State Services (DSS) office, without showing any warrant of arrest.

“I obeyed them and about six o’clock in the morning, I was whisked away from my residence to the DSS office without any warrant of arrest or reason for my arrest.

“From the time of my arrival at the DSS office, at about 6:45am on 8/10/2016, I was not told what my crime was for over 24 hours till the evening of 9/10/2016.

“A DSS officiall finally informed me that my arrest were based on these three allegations; petition of Hon. Jenkins Duvie dated 4th of April 2016 to the National Judicial Council (NJC); granting bail to Col. Sambo Dasuki and the unconditional release of Nnamdi Kanu; and using my office to secure my wife’s appointment as the head of civil service, through Senator Bola Tinubu”, the letter read.

Ademola said he saw his arrest as revenge from Abubakar Malami, attorney-general of the federation (AGF), whose arrest and detention he ordered over a professional misconduct while he was judge in Kano between 2004 and 2008.

“What is more intriguing in this whole episode, is that I see it as a vendetta/revenge from the Hon. attorney general of the federation, Abubakar Malami; whilst I was in Kano between 2004 and 2007 as a federal high court judge, he was involved in a professional misconduct necessitating his arrest and detention by my order,” he said.

Judge’s Absence Stalls Ruling On Dasuki Case

The Absence of Justice Adeniyi Ademola of the Federal High Court, Abuja stalled the ruling scheduled fro yesterday on whether or not the continued detention of former National Security Adviser (NSA), Sambo Dasuki was legal.
Dasuki, who is on trial before the court on charges of money laundering and illegal possession of firearms, had challenged his continued detention and urged the court to either quash the charge against him or halt proceedings indefinitely until he was released from detention.
The ex-NSA, in a motion argued by his lawyer, Joseph Daudu (SAN), accused the prosecution of violating an earlier of the court, admitting him to bail. He urged the court not to further indulge the prosecution by allowing it to continue with proceedings in the case.
Justice Ademola was expected to rule yesterday on whether or not Dasuki’s continued detention by the Department of State Services (DSS) was a violation of his earlier orders granting him bail and permitting him to travel abroad for medical reasons.
When parties got to court yesterday, they were informed by court officials that the judge was not available.
It was learnt that the judge’s absence was in relation to the court’s Easter vacation which was still on as at yesterday.
No date has been fixed for the ruling as an official of the court said it was the prerogative of the judge only to determine when to schedule for judgement or ruling.
Similar application by Dasuki had been rejected by two judges in earlier rulings.
Justice Peter Affen of the High Court of the Federal Capital Territory (FCT) had, in a ruling on March 4 this year, held thaT Dasuki’s application lacked merit.
The judge further held that the order granting bail to the defendant (Dasuki) did not preclude him from being re-arrested by other agencies of the Federal Government in respect of other alleged crime.
“Though, both the Economic and Financial Crimes Commission (EFCC) and the DSS are agencies of the Federal Government of Nigeria, they are established under separate enactments and vested with distinct legal persona, powers and responsibilities such that one is not liable for action or inaction of the other.
“Even criminal prosecution is undertaken by them separately in the name of the Federal Government of Nigeria merely to facilitate the due administration of justice, which does not alter the mark of separate and distinct legal identities.
“This being so, the inevitable conclusion to reach is that the applicant has not made out a proper case of disobedience of the order made by this court on December 21, 2015 and therefore there is no legal or factual basis upon which the court can prohibit the complainant from further prosecuting the instant charges not to mention any other charge before any other court as prayed by the second defendant.
“The point has already been made that the order allegedly disobeyed or violated did not contemplate any government agency other than the EFCC and that this court did not restrain the arrest, the re-arrest or detention of the second defendant or any of the defendants for further offences when alleged against them,” the judge said.
Justice Affen added that there was “no correlation” between the prayer sought by Dasuki to discharge him and the alleged disobedience of court order.
“I have found no correlation whatsoever and none has been demonstrated between the alleged disobedience of court order and being discharged of the offences charged.
“I take the considered view that even if the second defendant/applicant has succeeded in establishing the case of disobedience of the orders granted on December 21, 2015, and I have already held that he did not do so, that would not constitute valid grounds for discharging him of the offences preferred against him,” he said.
On February 9 this year, Justice Hussein Baba Yusuf (also of the High Court of the FCT) held, in a ruling on a similar application by Dasuki, held that the ex-NSA was in error in his argument that his continued detention was in breach of a subsisting order of the court.