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A Federal High Court sitting in Abuja has struck out the charges against former governorship candidate of the Peoples Democratic Party (PDP) in Osun State, Senator Ademola Adeleke.
Senator Adeleke was charged to court by the Federal Government over alleged exam malpractice involving him and four others.
He was arraigned before the court in Abuja on October, 2018, alongside Sikiru Adeleke who is said to be the Senator’s relative, Aregbesola Mufutau, the school principal, Gbadamosi Thomas Ojo, Registrar and Dare Samuel Olutope, a teacher.
The PDP governorship candidate and Mr Sikiru were accused of impersonation, both registering as students of Ojo-Aro Community Grammar school, Ojo-Aro, Osun State to enable them to sit for the National Examinations Council (NECO) examination of June/July 2017 while the other defendants were accused of aiding the commission in the alleged offence.
However at the resumed trial of the case yesterday Thursday, the prosecution counsel, Mr. Simon Lough announced the decision to exclude Senator Adeleke due to his continued absence in court.
The defendant had failed to appear before the court since May 6, 2019 when he was granted permission to travel to the United States on medical grounds.
Lough was of the view that the only way to prevent further delay in the case was to continue with the trial of the other available four defendants, since he has stayed away from the country, claiming to be sick and attending to his health in the US.
Although counsel to the former PDP candidate, Alex Izinyon (SAN) and other defence lawyers in the case did not object to the prosecution’s decision to amend the charge, but disagreed with the prosecution on the appropriate order to be made; whether he should be simply discharged, based on the withdrawal of the charge against him, or be discharged and acquitted.
However, relying on Section 108 of the Administration of Criminal ACT (ACJA) which allows the prosecution to undertake withdrawal of charges and Section 246 of the Act, the trial judge, Justice Inyang Ekwo, in his ruling on Friday, 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.
Justice Ekwo 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
“The law is that the prosecution can amend the charge at any time before a judgment. There would have been nothing wrong if the prosecution had simply applied to withdraw against the first defendant (Adeleke),” Justice Ekwo said.
“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.”
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), but however fixed June 25 and 26 for the trial of other defendants.
After the judgement was delivered, the prosecutor declined to speak on camera, but counsel to Senator Adeleke, Dr. Alex Izinyon applauded the ruling of the court.
