A Federal High Court in Abuja has discharged and acquitted former governorship candidate of the Peoples Democratic Party (PDP) in Osun State, Senator Ademola Adeleke in the alleged examination malpractices trial involving him and four others.
Justice Inyang Ekwo, in a ruling on Friday, said he was minded to discharge and acquit Adeleke in view of the prosecution’s decision to withdraw charges against the politician after it (prosecution) called four witnesses.
Justice Ekwo relied on Section 108(3) of the Administration of Criminal Justice Act (ACJA) in making the order acquitting Adeleke.
Section 108(3) of the ACJA states: “In any trial before a court in which the prosecutor withdraws in respect of the prosecution of an offence before the defendant is called upon to make his defence, the court may, in its discretion, order the defendant to be acquitted if it is satisfied, on the merits of the case, that the order is a proper one, and when an order of acquittal is made, the court shall endorse its reasons for making the order on the record. ”
Adeleke was arraigned in late 2018 along with Sikiru Adeleke (who is said to be the senator’s relative), Alhaji Aregbesola Mufutau (the school principal), Gbadamosi Thomas Ojo (a school registrar) and Dare Samuel Olutope (a teacher).
Ademola and Sikiru were accused, in a four-count charge, of fraudulently, through personation, registering as students of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State to enable them sit for the National Examinations Council (NECO) examination of June/July 2017.
The other three defendants were accused of aiding the commission of the alleged offence in the charge filed in the name of the Inspector General of Police (IGP).
The prosecution amended the charge in December 2018 and raised the counts on the charge to seven, following which the defendants were re-arraigned on the amended charge on December 16, 2018.
The court on May 6, 2019 granted Adeleke’s permission to travel to the United States of America(USA) on grounds of ill-health.
Since then, Adeleke has not returned for the trial to continue, even though the prosecution has called four witnesses so far.
On Thursday, prosecution lawyer, Simon Lough argued an application in which he sought to sever the charge to exclude Adeleke from the trial in view of his continued absence.
Lough was of the opinion that the only way to prevent further delay in the case was to continue with the trial of the other available four defendants, since Adeleke has stayed away from the country, claiming to be sick and attending to his health in the US.
Lawyer to Adeleke, Alex Izinyon (SAN) and other defence lawyers in the case did not object to the prosecution’s decision to amend the charge.
They however disagreed with the prosecution on the appropriate order to be made; whether Adeleke should be simply discharged, based on the withdrawal of the charge against him, or whether he should be discharged and acquitted.
In a ruling on Friday, Justice Ekwo held that although the prosecution, by its application, sought to sever the charge, he will take its (prosecution’s) intention to mean withdrawal of the case against Adeleke.
The judge said his decision was informed by the fact that no law allows the prosecution to sever a charge, but to withdraw against a defendant and to amended at any time before judgment.
He noted that Section 108 of the Administration of Criminal ACT (ACJA) allows the prosecution to undertake withdrawal of charges, while Section 246 of the Act deals with amendment of charge
Justice Ekwo said: “The law is that the prosecution can amend the charge at any time a before judgment. There would have been nothing wrong if the prosecution had simply applied to withdraw against the first defendant (Adeleke).
“I am seeing this application (the one argued on Thursday by the prosecution lawyer) as one that simply seeks to withdraw, and I so hold.
“This withdrawal is taking place after the prosecution has called four witnesses. And from the record of the court, the evidence of the prosecution witnesses were concluded.
“The consequential order to be made upon the withdrawal of a charge is at the discretion of the court under Section 108(3) of the ACJA,” the judge said.
Justice Ekwo held that, since the prosecution sought to withdraw against the first defendant at this stage, he was of the view that the appropriate order to be made is that of acquittal, because the evidence of the prosecution’s four witnesses have been concluded and the witnesses have been discharged.
The judge then made an order allowing the prosecution’s withdrawal of the charge against Adeleke and proceeded to make order acquitting the first defendant (Adeleke).
He adjourned till June 25 for the continuation of the trial in relation to the other defendants – Sikiru Adeleke, Alhaji Aregbesola Mufutau, Gbadamosi Thomas Ojo and Dare Samuel Olutope.
Law experts said by the order of acquittal made by the court, the prosecution can no longer arrest and prosecute Adeleke on the same charge whenever he returns to the country.
Exam fraud: Court discharges Adeleke
by Ade Adesomoju, Abuja
The Federal High Court in Abuja on Friday discharged a former governorship candidate of the Peoples Democratic Party in Osun State, Ademola Adeleke, over examination malpractices charges.
Justice Inyang Ekwo made the order following an amendment of the charges which saw Adeleke’s name dropped as a defendant in the case.
The prosecuting counsel, Simon Lough, had told Justice Ekwo on Thursday that the prosecution decided to drop Adeleke’s name in the case due to his continued absence from the court which continued to stall the trial.
Adeleke had not attended court since he was granted permission by the court on May 6, 2019, to travel to the United States of America on health grounds.
The court had ordered him to return to the country by June 7, 2019.
Following the amendment of the charges on Thursday, Adeleke’s name was dropped from the case with the remaining defendants rearraigned on Friday.
The defendants who all pleaded not guilty to the charges on Friday are Sikiru Adeleke, the principal of Ojo-Aro Community Grammar School, Alhaji Aregbesola Muftau; the registrar of the school, Gbadamosi Ojo; and a teacher in the school, Dare Samuel Olutope.
The defence lawyer, Dr. Alex Izinyon (SAN), did not oppose the application for the amendment of the charges when the prosecution announced the discontinuation of the case against Adeleke on Friday.
The senior lawyer, however, urged the judge to make a consequential order of discharging and acquitting the ex-governorship candidate.
Reacting, Lough partly opposed the request saying the appropriate order the court could make was to discharge the defendant.
Justice Ekwo who had adjourned the ruling on slight disagreement ruled on Friday issuing an order for the discharge of the defendant.
Adeleke who contested the September 22, 2018 governorship election in Osun State and came second, was arraigned along with others on October 31 of the same year.
The prosecution accused them of committing the offence of examination malpractices by fraudulently, through impersonation, registering Adeleke and another Sikiru Adeleke, as students of Ojo-Aro Community Grammar School, in Ojo-Aro in Osun State, for the National Examination Council’s June/July 2017 Senior School Certificate Examination in February 2017.
It alleged that Ademola and Sikiru Adeleke were fraudulently registered for the examination and “awarded them seven credits, one pass and five credits respectively, and thereby committed an offence contrary to section 10(a) and punishable under section 3 of the Examination Malpractices Act Cap E15 LFN 2004.”
The Adelekes were also accused of impersonating “as students of Ojo-Aro Community Grammar School when you fraudulently registered as internal students of the school in the June/July, 2017 NECO, and having registered, conspired with unknown persons now at large to write the examination for them.”
According to the prosecuting counsel, Lough, the offences were said to be contrary to and punishable under the various provisions of the Examination Malpractices Act Cap E15 LFN 2004.