JUSTICE Adeniyi Ademola yesterday told an FCT High Court that the Federal Government has not been able to link the prosecution- evidence with the gratification and illegal possession of firearms charge filed against him thereby urging the court to uphold his no-case submission.
Ademola, through his counsel Dr. Onyechi Ikpeazu (SAN) told the court that the prosecution did not establish a prima facie case against him to warrant him to enter a defence.
He said the evidence of the sixteenth prosecution witness (PW16) who investigated the matter, was that there was no link between any case before Ademola and the N30 million received by his wife, Olabowale from Joe Agi (SAN).
He added that if the evidence of the prosecution is that Justice Ademola has a current license for the firearms found in his possession, -what then is the offence he has committed”.
He said the prosecution also established through its evidence why the firearm of Justice A.R. Muhammad was found in the house of Justice Ademola, showing that the case of giving false information cannot arise. Ikpeazu asked the court to discharge and acquit Ademola of the charge.
In his response, prosecution counsel Barrister Segun Jegede said the Supreme Court has held that the prima facie case must be differentiated from prove of guilt and all that is needed at this stage of the trial is for a link to be established between the evidence led and the charge filed against the defendants.
He said Agi in his extra-judicial statement indicated that he told Justice Ademola about the N30 million and he was instructed to pay it into the account of Mrs. Ademola. Jegede submitted that this is the link necessary for a prima facie case to be established.
He added that even though there was no evidence to show that Mrs. Ademola transferred the money to Justice Ademola, the money was jointly used for their daughter- wedding.
He urged the court to dismiss the no-case submissions.
Thereafter, the trial judge, Justice Jude Okeke adjourned ruling on the applications to April 5th.