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Tag: Justice Ngwuta

  • CCT stops Justice Ngwuta’s trial

    The Code of Conduct Tribunal (CCT) has stopped the trial of Justice Sylvester Ngwuta of the Supreme Court for non-declaration of assets.

    Justice Ngwuta is standing trial on eight-count charge of non-assets declaration.

    He was first arraigned on March 21, 2017 by the Code of Conduct Bureau (CCB) which accused him of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act by failing to declare some of his assets.

    Justice Ngwuta had earlier this year filed an application, challenging the jurisdiction of the tribunal to further try him following the December 2017 judgment of the Court of Appeal, Lagos, on the appeal by Justice Hyeladzira Nganjiwa of the Federal High Court.

    In a ruling on Monday,  a two-man panel of the CCT, upheld Justice Ngwuta’s application that as a serving Justice of the Supreme Court, he could not be tried in any court or tribunal, except after he had been subjected to the investigatory and disciplinary processes of the National Judicial Council (NJC).

    The tribunal said its hands were tied due to the decision of the Court of Appeal in Justice Nganjiwa’s case.

    A member of the CCT panel, Williams Atedze, who read the ruling, said a judge could not be prosecuted by any court or tribunal until the NJC deals with the allegations against him/her and takes a decision on the case.

     

  • Alleged non-declaration of assets: CCT frees Justice Ngwuta

    *Says he must first be tried by NJC

     

    The Code of Conduct Tribunal (CCT) has stopped the trial of Justice Sylvester Ngwuta on charges of non-declaration of assets.

    A two-man panel of the CCT, in a ruling on Tuesday upheld the argument by Justice Ngwuta, to the effect that, as a serving Justice of the Supreme Court, he could not be tried in any court or tribunal, except after he had been subjected to the investigatory and disciplinary processes of the National Judicial Council (NJC).

    The CCT, in its decision, also relied on the judgement of the Court of Appeal in the case of Justice Hyeladzira Nganjiwa., in which the appellate court held, in a December 2017 judgment, that by virtue of Section 158 of the 1999 Constitution, only the NJC was with the powers to deal try judicial officers for any misconduct while in office.

    Read Also: Assets declaration: Justice Ngwuta asks CCT to dismiss charges

    The CCT said a judge could not be prosecuted by any court of tribunal until the NJC deals with the allegations against him/he and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her.

    It consequently quashed the charges against Justice Ngwuta and discharged him.

     

    Details later…

  • BREAKING: Corruption:‎ Court frees Justice Ngwuta

    A Federal High Court in Abuja has freed Justice Sylvester Ngwuta of the Supreme Court from his trial on corruption charges.

    Justice John Tsoho, in a ruling, relied on the Court of Appeal decision in the case of Justice Hyeladzira Nganjiwa of the Federal High Court, and held that the prosecution in the Justice Ngwuta case failed to comply with the condition precedent before bringing charges against a judicial officer.

    Justice Tsoho said, as was the Court of Appeal’s decision in the Justice Nganjiwa case, all allegations against a judicial officer, with the exception of murder, arson and the likes, must first be subjected to the scrutiny of the National Judicial Council (NJC) before the affected judicial officer is taken before the regular court for trial.

    He said none of the offences in the 13-count charge against Justice Ngwuta fall in the category on the offences on which the Court of Appeal said a judicial officer may be prosecuted with first clearing with the NJC.

    He noted that the NJC was cautious when it used the word “may” in deciding that some offences could be prosecuted without first subjecting such judicial officer to NJC’s disciplinary process, because such distinction was always difficult to make.

     

    Details later…

  • Prosecution admits error in Justice Ngwuta’s case

    Prosecution admits error in Justice Ngwuta’s case

    … Agrees to drop nine charges

    The prosecution in the trial of Justice Sylvester Ngwuta of the Supreme Court agreed on Wednesday that a substantial portion of the charge against the judicial officer be struck out.

    Although the lead prosecution lawyer, Mrs. Olufemi Fakunle, objected to an application filed by Justice Ngwuta that the entire 13-count charge against him be struck out, she conceded that all other charges except counts 3, 10, 11 and 13 should be dropped.

    Justice Ngwuta was arraigned before the Federal High Court, Abuja, in November 2016 on a 16-count charge of money laundering and possession of multiple international passports.

    At a point in the trial, the prosecution amended the charges twice, reducing them to 13.

    Read Also: Court adjourns Dasuki ‘s case till March 22

    On January 11 this year, Justice Ngwuta filed an application, challenging the continuation of his trial following the recent judgment of the Court of Appeal in the case of Justice Hyeladzira Nganjiwa of the Federal High Court.

    Arguing the application on Wednesday, Justice Ngwuta’s lawyer, Kanu Agabi (SAN), said by virtue of the Court of Appeal’s decision in Justice Nganjiwa case, the Federal High Court no longer has the requisite jurisdiction to continue with his client’s trial.

     

  • Updated: CCT rules on Justice Ngwuta’s application March 21

    Updated: CCT rules on Justice Ngwuta’s application March 21

    The Code of Conduct Tribunal ( CCT ) on Tuesday picked March 21 for ruling on the application filed by Justice Sylvester Ngwuta of the Supreme Court, seeking the dismissal of false assets declaration charges against him.

    The tribunal’s Chairman, Danladi Umar, had after taking arguments from the defence counsel, Kanu Agabi (SAN), and that of the prosecution, Abeni Mohammed (SAN), stood down proceedings for 30 minutes.

    But one hour after proceedings were stood down, a senior official of the tribunal announced that the ruling would no longer be available on Tuesday.

    ALSO READ: CCT accuses prosecution of stalling Justine Ngwuta’s trial

    With the agreement of parties, the case has now been adjourned to March 21 for ruling.

    Justice Ngwuta is standing trial on eight-count charge of false assets declaration filed on March 21, 2017 by the Code of Conduct Bureau (CCB).

    He is accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act for failing to declare some of his assets.

    He is also accused of possessing 28 plots of land which he allegedly refused to declare to the CCB between June 2, 2011 and July 19, 2016.

     

  • Assets declaration: CCT set to rule on Justice Ngwuta’s case

    Assets declaration: CCT set to rule on Justice Ngwuta’s case

    The Code of Conduct Tribunal (CCT) has stood down proceedings in the trial of Justice Sylvester Ngwuta of the Supreme Court, with a promise to return in 30 minutes to give its verdict on the matter.

    The tribunal Chairman, Danladi Umar, announced the decision after taking arguments from the defendant counsel, Kanu Agabi (SAN) and his prosecuting counterpart, Abeni Mohammed (SAN).

    The argument was on an application filed by Ngwuta, asking the tribunal to discontinue his trial and strike out the charge against him in following the Court of Appeal’s judgment in the case of Justice Nganjiwa of the Federal High Court.

    The Court of Appeal had in the judgement held that a serving judicial officer cannot be tried in a regular court until he has been subjected to disciplinary procedure of the National Judicial Council (NJC).

    While arguing his client’s application, Agabi urged the tribunal to be guided by the decision of the Court of Appeal in Justice Nganjiwa’s case and decline jurisdiction on the matter.

    Mohammed, in a counter argument, urged the tribunal to discountenance the judgment on Justice Nganjiwa because the Constitution grants it exclusive powers to try any public officer including a Justice of the Supreme Court accused of breaching code of conduct.

    Parties are now awaiting the decision of the tribunal which its chairman said would be ready in 30 minutes.

  • Justice Ngwuta faults trial before CCT

    Justice Ngwuta faults trial before CCT

    Justice Sylvester Ngwuta of the Supreme Court has fualted his on-going trial before the Code of Conduct Tribunal (CCT) on allegation of failure to comply with the assets declaration law.

    Justice Ngwuta, in a motion filed on January 9 by his team of lawyers, led by Kanu Agabi (SAN), wants the tribunal to dismiss the charge filed against him by the state.

    He argued, among others, that by virtue of the provisions of sections Section 318,  158(1) and Paragraph21(B) of the 3rd Schedule to the Constitution, the tribunal was without the requisite jurisdiction to hear the case.

    The Code of Conduct Bureau had on March 21, 2017 filed an eight-count charge against Justice Ngwuta, in which he was among others, accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act for failing to declare some of their assets.

    He pleaded not guilty to the charge upon his arraignment last year, folwoing which the prosecution opened its case.

    The judge is also being tried before Justice John Tsoho of the Federal High Court on a separate charge of corruption related offences.

    But, in the motion he filed on January 9 this year, Justice Ngwuta, relying on the recent judgment of the Court of Appeal, Lagos division in the case of case of Hon. Justice Nganjiwa v. FRN (2017) LPELR – 43391 (CA), urged the CCT to dismiss the charge against him on the grounds that it lacked jurisdiction.

    Justice Ngwuta hinged his motion on the grounds that He is a serving Justice of the Supreme Court, hence a judicial officer within the contemplation and purview of Section 318 of the Constitution.

    He argued that by the combined effect of Section 158(1) of the Constitution and Paragraph21(8) of the 3rd Schedule to the Constitution, any complaint or allegation of misconduct against the applicant must first go to the National Judicial Council (NJC), which body is constitutionally empowered to exercise disciplinary control over the applicant.

    Justice Ngwuta argued that the allegations, subject of the present charge against him, were never referred to and/ or determined by the NJC prior to the institution of this criminal charge by the respondent.

    He noted that the Court of Appeal, in the recent case of Justice Nganjiwa v. FRN (2017) LPELR – 43391 (CA) held that no criminal investigation or prosecution can be initiated or instituted in any court of law or tribunal against a serving judicial officer for judicial misconduct without first, presenting such allegations to the NJC and a determination thereof by the NJC.

    Justice Ngwuta contended that by the combined effect of Section 158(1)of the Constitution, Paragraph 21(8) of the 3rd Schedule to the Constitution and the decision of the Court of Appeal in Nganjiwa v. FRN, the charge pending against him before the CCT “is incompetent, premature, in gross violation of the Constitution and liable to be dismissed.

    “The charge before this honourable tribunal is part-heard and issues of jurisdiction can be raised at anytime before judgment,” he said.

    Justice Ngwuta stated, in a support affidavit, that until the NJC finds him guilty of an act of misconduct or breach of his oath of office, the respondent cannot institute any criminal prosecution against the applicant on any such allegation.

    The motion and a yet to be filed response by the prosecution would be heard on January 23 when proceedings resume in the case.

  • Justice Ngwuta faults trial before CCT

    Justice Ngwuta faults trial before CCT

    Justice Sylvester Ngwuta of the Supreme Court has fualted his on-going trial before the Code of Conduct Tribunal (CCT) on allegation of failure to comply with the assets declaration law.

    Justice Ngwuta, in a motion filed on January 9 by his team of lawyers, led by Kanu Agabi (SAN), wants the tribunal to dismiss the charge filed against him by the state.

    He argued, among others, that by virtue of the provisions of sections Section 318,  158(1) and Paragraph21(B) of the 3rd Schedule to the Constitution, the tribunal was without the requisite jurisdiction to hear the case.

    The Code of Conduct Bureau had on March 21, 2017 filed an eight-count charge against Justice Ngwuta, in which he was among others, accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act for failing to declare some of their assets.

    He pleaded not guilty to the charge upon his arraignment last year, folwoing which the prosecution opened its case.

    The judge is also being tried before Justice John Tsoho of the Federal High Court on a separate charge of corruption related offences.

    But, in the motion he filed on January 9 this year, Justice Ngwuta, relying on the recent judgment of the Court of Appeal, Lagos division in the case of case of Hon. Justice Nganjiwa v. FRN (2017) LPELR – 43391 (CA), urged the CCT to dismiss the charge against him on the grounds that it lacked jurisdiction.

    Justice Ngwuta hinged his motion on the grounds that He is a serving Justice of the Supreme Court, hence a judicial officer within the contemplation and purview of Section 318 of the Constitution.

  • Assets declaration: Justice Ngwuta asks CCT to dismiss charges

    Assets declaration: Justice Ngwuta asks CCT to dismiss charges

    Justice Sylvester Ngwuta of the Supreme Court has faulted his ongoing trial for alleged non-compliance with the assets declaration law at the Code of Conduct Tribunal (CCT).

    Justice Ngwuta, in a motion filed on January 9 by his team of lawyers led by Chief Kanu Agabi (SAN), wants the tribunal to dismiss the charge filed against him by the state.

    He argued that by virtue of the provisions of sections Section 318, 158(1) and Paragraph 21 (B) of the 3rd Schedule to the Constitution, the tribunal was without the requisite jurisdiction to hear the case.

    The Code of Conduct Bureau (CCB) had on March 21, 2017 filed an eight-count charge of false assets declaration against Justice Ngwuta.

    In the charges, he was accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act by failing to declare some of their assets.

    He pleaded not guilty to the charges upon his arraignment last year, following which the prosecution opened its case.

    The judge is also being tried before Justice John Tsoho of the Federal High Court on separate charges of corruption.

     

  • Justice Ngwuta used two passports simultaneously – Witness

    Justice Ngwuta used two passports simultaneously – Witness

    The Nigerian Immigration service (NIS) on Friday told a Federal High Court, Abuja, that Justice Sylvester Ngwuta of the Supreme Court used two similar international passports interchangeably.

    A senior Staff of the NIS, Mr. Tanko kutana, stated this during cross-examination by counsel to the defendant, Chief Kanu Agabi (SAN).

    Justice Ngwuta was among seven judges arrested during a sting operation by the Department of State Service (DSS) in October last year.

    The defendant was alleged to be in possession of multiple standard passports and stashed foreign currencies in his Abuja home.

    The witness said the NIS was not in the position to doubt the defendant when he showed proof of his missing international passport.

    He said NIS subsequently issued him a new one, based on the strength of the affidavit declaring his old passport missing.

    Kutana, however, said the NIS was surprised to discover that the defendant was using the two passports stamped with visas simultaneously.

    When asked if the action could have been a mistake from the defendant, the witness said the action violated immigration law.

    He said it was outright illegality to have and use two standard passports with similar registration number interchangeably.

    “My Lord, the new passport was issued to Justice Ngwuta by the Nigerian Immigration Service, having been convinced that he actually lost the first one.

    “The Service replaced the lost passport because it had no cause to doubt the affidavit evidence deposed to by the defendant when he reported the loss of the document,’’ Kutana said.

    He said the defendant failed to report back to NIS when he eventually found the missing passport.”

    NAN