Justice Ademola Retires As Federal High Court Judge

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 Jenkins Duvie Giane Gwede but subsequently withdrawn.
Justice Adeniyi Ademola
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innocence to a petition that was voluntarily withdrawn by the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 w
as 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.