The Court of Appeal in Abuja has upheld the discharge and acquittal of the lawyer to retired Justice Adeniyi Ademola, Mr Joe Agi, on an allegation of bribery.
Naija News learnt that Justice Peter Ige dismissed the appeal filed by the Federal Government while delivering the judgement, Justice Olabisi Ige held that all the objections raised in the Notice of Appeal filed by the appellant were un-meritorious.
The judge said it was not in the place of law and practice direction of the court to interfere with a decision of the trial court without substantial reasons.
According to him, the grounds upon which the appellant is seeking the setting aside of the ruling of the trial court are not properly laid.
He said the appellant had not been able to discountenance the reasons that warranted the discharge of the three respondents. Justice Ige held that some of the prosecution witnesses in the matter at the trial court had completely acted in ignorance of the situation they investigated.
On the voiding of Sections 53 and 60 of the Independent and Corrupt Practices Commission (ICPC) Act, which the trial held was in conflict with Section 36 (5) of the Constitution; the judge said the decision subsisted.
Justice Ige, however, said that sections of an Act could only be voided to the extent of their inconsistency with the Constitution. “From the notice of appeal, no mention was made on this aspect which means that the appellant is satisfied with the striking down of Sections 53 and 60 of the ICPC Act.
Having not appealed against the striking down of Sections 53 and 60 of the ICPC Act, the decision of the trial court subsists.
“All the three issues brought for the court to decide are hereby ruled against the appellant and the appeal is struck out for lacking in merit. The ruling of justice Jude Okeke of the FCT High Court delivered on April 5 is hereby affirmed,” the judge held.
Earlier in 2918, Justice Jude Okeke of an Abuja High Court sitting in Maitama had discharged and acquitted Agi of a criminal charge bordering on bribing a judge to pervert the course of justice.
Mr Agi was arraigned as the third defendant alongside, Justice Ademola, and his wife, Olubowale, for allegedly giving and receiving gratification to pervert the course of justice.