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Tag: Justice Sylvester Ngwuta

  • CCT accuses prosecution of stalling Justine Ngwuta’s trial

    CCT accuses prosecution of stalling Justine Ngwuta’s trial

    The Code of Conduct Tribunal (CCT) on Wednesday accused the prosecution of stalling the trial of Justice Sylvester Ngwuta of the Supreme Court.

    Members of the tribunal’s panel – Danladi Yakubu Umar (Chairman) and William Atedze Agwadza – regretted the lack of diligence on the part of the prosecution on the matter.

    They noted that since the case started last year, all the adjournments have been at the instance of the prosecution.

    Umar and Agwadza, who reacted angrily to the prosecution’s request for adjournment on Wednesday, agreed to adjourn the case till February 20.

    They, however, warned that the adjournment would be the last.

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

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

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

  • Justice Ngwuta lied about age, missing passport’ – Witness

    Justice Ngwuta lied about age, missing passport’ – Witness

    A prosecution witness in the trial of Justice Sylvester Ngwuta of the Supreme Court has said the judicial officer lied about his actual age and his report to the Nigerian Immigration Service (NIS) that the diplomatic passport issue him in 2014 was missing.
    The witness, Tanko Nuhu Kutana, a Forensic Document Analysis expert with the NIS, said he investigated the case involving Justice Ngwuta after officials of the Department of State Services (DSS) searched his (the judge’s) house and recovered multiple travel passports.
    Led in evidence by lead prosecuting lawyer, Mrs. Olufemi Fatunde, Kutana, who was recalled, having earlier testified as prosecution’s 3rd witness, said while Justice Ngwuta claimed 1951, as his birth year, in one of the four diplomatic passports recovered in his house, he claimed 1952 in the others.
    The witness also said there was doubt as to Justice Ngwuta’ claim that he lost the diplomatic passport issued him in 2014, because there are evidence that he (the judge) continued to use the passport after he reported it missing and a replacement issued to him.
    Kutana said: “My first observation was that the year of birth in the 64-page passport, issued in 2014 (exhibit 13C) had 1951 as the year of birth, while the other three have 1952 as the year of birth.
    “After the 2016 passport was issued for the replacement of the one of 2014 which he claimed to have been lost.
    “There was evidence that he continued to use the 2014 which he claimed was lost, thereby casting doubt about his claim that the 2014 passport was lost.
    “His antecedents of using the passports interchangeably, raise doubt about the claim that he lost the passport.
    “When one also look at him filling 1951 as against 1952 that he had used as his birth date, all these raise doubt about everything, including his claim to the lost of the passport,” the witness said.
    Details later.
  • Ngwuta arraigned at CCT

    Ngwuta arraigned at CCT

    The Federal Government yesterday arraigned Justice Sylvester Ngwuta of  the Supreme Court at the Code of Conduct Tribunal (CCT) on an eight-count charge of false declaration of asset.

    The Supreme Court justice was also accused of engaging in private business as a public officer.

    He was alleged to be trading in rice, palm oil and other products as a justice of the Supreme Court.

    According to the charge, Ngwuta  failed to declare the following property: Parcel of land, measuring 1,722.952 square metres at Umkpufu, off Onwe Road, Azuiyiokwu; Plot 36, Onwe Road Layout; Plot 35 GRA Extension, all in Abakaliki, Ebonyi State.

    He was also accused of false declaration of a Wrangler Sport Utility Vehicle (SUV), Hummer SUV, Liberty Jeep and a BMW 5 Series saloon.

    Ngwuta pleaded ‘not guilty’ to all counts.

    His counsel, Chief Kanu Agabi (SAN), applied for bail on self-recognisance.

    Counsel to the Federal Government, the Director of Public Prosecution (DPP), Mohammed Umar, did not object to the application.

    Upon granting the application and agreement of counsel, Chairman of the Tribunal Justice Danladi Umar adjourned to July 12 for hearing.

  • NIS confirms prosecution’s claim that Justice Ngwuta had two passports

    NIS confirms prosecution’s claim that Justice Ngwuta had two passports

    The Nigerian Immigration Service (NIS) Friday confirmed allegation by the office of the Attorney General of the Federation (AGF) that Justice Sylvester Ngwuta of the Supreme Court had two standard Nigerian international passports when he was arrested in October last year.

    A senior NIS official, Tanko Nuhu Kutana made the confirmation yesterday while testifying as the 3rd prosecution witness in Justice Ngwuta’s trial before the Federal High Court, Abuja.

    Justice Ngwuta is being tried on a 12-count charge, in which he was accused of committing sundry offences, including money laundering and possession of two valid Nigerian standard passports (contrary to Section 10 (1) (a) of the Immigration Act 2015).

    Kutana, formerly of the Document Fraud Unit (the Forensic Investigative arm) of the NIS, but now serving in Benue command, said he was invited by the office of the AGF to investigate how Justice Ngwuta came about two passports at the same time.

    The witness, who was led in evidence by prosecution lawyer, Mrs. Olufemi Fatunde, said he got involved with the case when the office of the AGF invited him to help ascertain how the defendant came about having two passports at a time.

    He said: “In the process of examining the passports, I found out that they were validly issued passports. Two of the passports, which were standard passports, drew my attention because they were both valid and contained two valid US visas, which each one having one.”

    The witness said he later returned to his office to retrieve the file containing information on how both passports were issued.

    He said he found that the one issued in November 2012 to Justice Ngwuta had earlier been reported lost by the judge through a letter dated April 5, 2016 written by the Supreme Court to the NIS.

    “The said letter reported the loss and requested for a replacement of the lost passport. Attached to the letter was a sworn affidavit sworn to by his Lordship, Justice Ngwuta at the Supreme Court, stating his loss of the said passport.

    “There was also an extract from the police’s diary from the police station domicile at the Supreme Court. It was based on the letter, the affidavit and police extract that he was re-issued another passport on 20th April, 2016.

    “I photocopied the entire file, made sure it was certified and took them to the office of the AGF. When I got back to the AGF’s office, I explained how the judge came about having two standard passports,” he said.

    Kutana identified the first of the passports as the one with number: AO4389985, issued November 29, 2012 to expire on November 28, 2017, containing a valid American visa at page 11 of the visa page, issued on August 26, 2015 to expire on August 24 2017.

    He said the one issued in replacement has the number: AO7274634, issued on April 20, 2016, to expire on April 19, 2021. He said it contained a valid American visa issued on 27 September 2016 to expire on 25 September 2018 and a British visa, issued on June 2, 2016, to expire on June 2, 2018.

    The prosecution later tendered both passports, the letter from the Supreme Court and the police extract, which the court admitted in evidence.

    Kutana said the two passports were still valid and that the defendant failed to report to the NIS that he recovered the one he reported missing, which would have allowed the NIS to formally cancel one of the passports.

    “If he had reported that the passport was found, we would have endorsed ‘cancelled’ on the other one that was issued in the place of the lost one,” the witness said.

    Under cross-examination by defence lawyer, Kanu Agabi (SAN), the witness said although the passports, being electronic one could be cancelled from the NIS data base at the time it was reported missing, that did stop its physical usage for travelling and other purposes.

    He said there was no evidence that the defendant used both passports interchangeably.

    “What was improper was that when he (Justice Ngwuta) found the old passport, he did not return it to be cancelled manually,” he said.

    The witness agreed with Agabi that there is no law limiting the time to report a found missing passport.

    The trial resumes on May 16.

     

  • FG amends charges against Justice Ngwuta

    FG amends charges against Justice Ngwuta

    The Federal Government on Thursday amended the corruption charges filed against a Justice of the Supreme Court, Justice Sylvester Ngwuta, before a Federal High Court, Abuja.

    The lead prosecuting counsel, Mrs. Olufemi Fatunde, announced the amendment before Justice John Tsoho.

    Fatunde, an ex- Director of Public Prosecution for the Federation, took over the case from the former prosecutor, Mr. Charles Adeogun-Philips last month.

    She said the amendment to the charges was done under section 216 of the Administration of Criminal Justice Act.

    Fatunde said, “The prosecution intends to amend the charges against the defendant in this matter.

    “And pursuant to that, the prosecution has filed an amended charge dated March 13, 2017.

    “The amended charge was filed on the same day and served on the same day.”

    The defence counsel led by Chief Kanu Agabi (SAN) did not oppose the amendment of the charges.

     

     

  • FG’s lawyer withdraws from Justice Ngwuta’s trial

    The lead prosecution lawyer in the trial of Justice Sylvester Ngwuta of the Supreme Court, Charles Adeogun-Philips, on Thursday announced his withdrawal from the case.

    Adeogun-Phillips, an ex-prosecutor at the International Criminal Court (ICC), while announcing his withdrawal at the resumption of proceedings, was silent on what informed his decision.

    At the resumption of proceedings before the Federal High Court, Abuja, shortly after the judge, Justice John Tsoho asked parties if they were prepared for the case, Adeogun-Phillips rose to his feet and told the court he has resolved to opt out of the case.

    When the case was called, a lawyer from the Federal Ministry of Justice, who had always accompanied Adeogun-Phillips to court, Mrs. Hajara Yusuf, announced her appearance for the prosecution.

    She said: “I have been instructed to inform the court that Mr. Charles Adeogun-Philips, the lead prosecuting counsel, will no longer be appearing in this matter.

    “In view of this change, myself and my colleagues will be appearing, subject to when arrangement will be made in due course.”

    Justice Tsoho thanked Adeogun-Philips for his courtesy during his appearance for the prosecution.

    “The court has taken notice of the withdrawal of the prosecution counsel, Mr. Charles. And the court wishes him success in his future endeavours,” the judge said.

    Lead defence lawyer and former Attorney General of the Federation, Kanu Agabi (SAN), also commended Adeohun-Phillips for his conduct and wished him success in his future activities.

  • Prosecution counsel withdraws from Justice Ngwuta’s trial

    Prosecution counsel withdraws from Justice Ngwuta’s trial

    Prosecution counsel, Charles Adeogun-Philips, on Thursday withdrew from the trial of Supreme Court judge, Justice Sylvester Ngwuta, who is being prosecuted by the Federal Government on money laundering charges of over N500 million.

    Adeogun-Philips, engaged from the International Criminal Court, announced his decision to withdraw from the case when the case up for continuation of trial before Justice John Tsoho of the Federal High Court, Abuja.

    The lawyer announced his withdrawal when the case was called for cross-examination.

    Adeogun-Philips, rose to tell the judge that he had decided to withdraw from the case, but he did not give reason for his withdrawal.

    Mrs Hajara Yusuf, a counsel from the Office of the Director of Public Prosecutions of the Federation, however, took over as the leader of the prosecuting team.

    She said: “I have been instructed to inform the court that Mr Charles Adeogun-Philips, the lead prosecuting counsel, will no longer be appearing in this matter.

    “In view of this change, myself and my colleagues will be appearing, subject when arrangement will be made in due course.”

    The judge thanked Adeogun-Philips for his courtesy in the course of his appearance for the prosecution.

    “The court has taken into notice of the withdrawal of the prosecution counsel Mr Charles and the court wishes him success in his further endeavours,” the judge said.

    The lead defence counsel, Chief Kanu Agabi (SAN), also commended the erstwhile prosecuting counsel’s conduct and wished him success too.

    The lead defence counsel, Agabi, however, cross examined Mr Nwaba Linus, the first prosecution witness.

    Linus said he was paid for the services he rendered to the defendant because he thought it was legal

    “I would not have accepted the payment if I thought it was a crime, but he explained the source of the money that was why I accepted.

    “The work I did for the defendant was in the open, I documented all the construction I did for him and the document cannot be regarded as illegal.

    “I have never received any complain against the defendant or heard of any report from police or any enforcement agency,’’ he said.

    The witness further stated that he was arrested and detained for seven days by the DSS, adding that he did not consider his arrest and detention as justified.

    Yusuf asked for an adjournment to enable her put things in order because of the changes.
    Justice Tsoho adjourned the case till Feb. 13, for continuation of hearing.

    Ngwuta was arraigned on a 16-count charge including money laundering and offences relating to obtaining multiple passport.

  • FG files fresh charges against Justices Ngwuta, Ademola at CCT

    The Federal Government on Wednesday filed two fresh charges against Justices Sylvester Ngwuta (of the Supreme Court) and Adeniyi Ademola (of the Federal High Court) before the Code of Conduct Tribunal (CCT).

    According to Salihu Othman Isah, the Media Aide to the Attorney General of the Federation (AGF), Abubakar Malami (SAN), the charge against Justice Ngwuta has 10 counts, while that against Justice Ademola has two counts.

    They are accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act for  failing to declare some of their assets.

    Both judges are already being tried on separate criminal offences before the Federal High Court (in the case of Justice Ngwuta) and the High Court of the Federal Capital Territory (for Justice Ademola).

    Isah, in a statement issued late on Wednesday, said the AGF has written the CCT, requesting for a date for the judges’ arraignment on the new charges.

    He said the charges were filed on behalf of the AGF by Hajara Yusuf, an official in the Federal Ministry of Justice.

     

  • Supreme Court judge arraigned for money laundering

    Supreme Court judge arraigned for money laundering

    A Supreme Court judge, Justice Sylvester Ngwuta, was on Monday arraigned at the Federal High Court, Abuja, over alleged money laundering and breaches relating to his passports.

    Justice Ngwata was arraigned on 16-count charge by the Department of Department of State Service.

    The DSS had alleged that the Supreme Court judge transferred N505 million to a firm, Nwamba Linus Chukwuebuka, between January and May this year.

    The prosecutor also alleged that Justice Ngwuta instructed a relative to remove exotic cars from his Ebonyi home during investigation.

    In addition, two valid diplomatic passports and two  standard Nigerian passports were found in his house during the October 8 raid on the building  by DSS operatives.

    Justice Ngwuta pleaded not guilty to all the charges filed by the prosecution.

     

     

     

  • FG raises counts in charge against Justice Ngwuta

    FG raises counts in charge against Justice Ngwuta

    • Amended charge now 14 counts
    The Federal Government on Wednesday amended the charge against Justice Sylvester Ngwuta of the Supreme Court, raising the counts from six to 14.
    He is charged with money laundering, making a false claim about his age, possession of more than one diplomatic and standard Nigerian Passports, among others.
    Although similar allegation were contained in the earlier charge, more information about certain transactions and funds transfers are contained in the amended charge, a copy of which The Nation sighted late Wednesday.
    The charge was filed before the Federal High Court, Abuja by officials of the Federal Ministry of Justice.
    Some of the new counts as contained in counts one to six, are as follows:

    Count 1

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 4th day of January 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and thirty  million denominated in, naira and US dollars, (N130,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 2

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particular of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and sixty five  million, denominated in naira and US dollars, (N165,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 3

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act

    Particulars of offence

    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred  million, denominated in naira and US dollars, (N100,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 4

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about May, 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and ten million , denominated in naira and US dollars, (N110,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 5

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of thirty-five million, three hundred and fifty-eight thousand naira (N35,358,000.00) which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 6

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of three hundred and nineteen Thousand, five hundred and ninety-six United States  of America ($319,596.00) dollars which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).