The planned continuation of trial in the case involving Justice Adeniyi Ademola of the Federal High Court and two others was stalled Monday owing to the inability of the prosecution to present its next witness.
Prosecution lawyer, Segun Jegede sought an adjournment Monday when he was asked by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja to call his next witness.
Jegede said his next witness, Dr. Shaibu Teidi was absent in court because he narrowing escaped being assassinated by some armed individuals, who invaded his home in the early hours of Monday.
Jegede said Teidi, a former Director, Pension Accounts Office of the Head of Civil Service of the Federation, has been taken into hiding by security agents.
Teidi, who is being tried by the state over his alleged involvement in pension fund scam, is to testify, along with his wife, Fatimah in support of the prosecution’s allegation that Justice Ademola demanded N25m bribe from him (Teidi) while he was standing trial before the judge.
Monday, Jegede started by saying that an “unfortunate and dangerous dimension” has been introduced to the case.
Jegede said at about 2am on Monday, about eight armed men scaled the fence to Teidi’s house in Abuja and attempted to kill him
The prosecution lawyer said: “A call was made to the police station that some men, about eight of them, armed, had scaled the fence of his residence, and entered his home, where they met the children and in the process.
“In a nutshell they said it was their father they wanted, meaning him, Dr. Teidi,” Jegede said
He added that Teidi was only able to escape being killed when he managed to escape and called a friend, who reported the case to the Commissioner of Police of the FCT.
“Dr. Teidi then called a friend, who reported the matter to the police after which the Commissioner of Police sent his men to the residence of Dr. Teidi and took him to the police station.
“As we speak, the police have taken him back to where he is in hiding,” Jegede said.
He was about narrating another incident, relating to how Teidi had told him three days earlier, that he (Teidi) received a call from someone, who purportedly tried to “broker a talk” between him and Justice Ademola, when the judge’s lawyer, Onyechi Ikpeazu (SAN) interrupted him.
Ikpeazu was of the view that such issue should never be allowed to be discussed in the open court without first, being bought to the attention of the lawyers on the opposing side or the judge in private.
Jegede, who however, insisted on his request for an adjournment, contended that there was no law barring him from making such disclosure in the open court, particularly when Monday was the only time parties were in court after the incidents he was reporting.
The defence team, comprising, Ikpeazu, Robert Clarke (SAN) and Jeph Njikonye objected to Jegede’s request for adjournment.
They argued that the application for adjournment was baseless and that it reflected unseriousness on the part of the prosecution to proceed with its case.
The defence lawyers urged the court to order the prosecution to call its other witnesses, failing which it should strike out the charge.
Ruling, Justice Okeke expressed displeasure over the prosecution’s inability to proceed with its trail.
He noted that the prosecution, by requesting an adjournment, has rubbished the purpose for which the court adjourned other 11 case in its cause list to make time for the case.
Justice Okeke upheld the defence’s argument could call four other of is witnesses, but failed to do so.
He said the delay by the prosecution was unacceptable, because the duties of the defendants – Justice Ademola, as a serving judge; his wife, Olabowale, as Head of Service of Lagos State, and Joe Agi, as a Senior Advocate of Nigeria – have been held in abeyance with the pendency of the case.
The judge noted that it was the third time since the commencement of the trial that the prosecution was asking for adjournment.
Justice Okeke added: “The court will indulge the prosecution one more time.” he urged the prosecution to avoid any further delays, failing which “the court will be constrained to do the needful.”
The judge rdered the Inspector-General of Police (IGP), Mohammed Idris, to provide protection for all prosecution witnesses as well as defence witnesses and the defendants in the case “if need be”.
In an earlier ruling, Justice Okeke allowed the prosecution to amend its proof of evidence by filing a summary of the evidence to be given by one of its witnesses, Malik Olatunde, an employee of the Guaranty Trust Bank Plc.
The defence had, at the last proceedings, objected to the choice of Olatunde as a prosecution witness on the ground that his written statement was not included in the proof of evidence served on it.
Justice Ademola, his wife and Agi are being tried by the office of the Attorney General of the Federation on charges of corruption and illegal possession of firearms.
Hearing in the case resumes Tuesday.
