Tag: Justice Ngwuta

  • How money recovered from allegedly corrupt Supreme Court judge reduced – Witness

    The sixth prosecution witness in the ongoing trial of Supreme Court judge, Sylvester Ngwuta, on Thursday attributed a N12,000 shortfall in money tendered as evidence in court to human error.

    When the matter was called, the witness informed the court that when the money was recovered in Abakaliki, it was counted manually and therefore the only way he could explain the shortfall was human error.

    “The money was counted manually and for human beings to manually count over N4.3 million, human error can be expected,” the witness said.

    It would be recalled that the trial judge, John Tsoho, had on Wednesday directed that the over N4 million tendered as exhibit by Ndakpoto be counted before it was admitted in evidence.

    Mr. Tsoho gave the directive after Mr. Ndakpoto tendered the money as evidence, and Kanu Agabi (SAN), counsel to Mr. Ngwuta noted the need for the money to be counted in order to confirm the figure stated by the witness.

    Mr. Tsoho further directed that the money be counted with the assistance of the accounts department of the court, in the presence of the prosecution, the defence and the registrar of the court.

    He agreed that it was necessary to count the money in order to confirm that the amount tendered corresponded with the amount stated by the witness.

    Mr. Ndakpoto, while giving evidence, told the court that the money was recovered in a house in Abakaliki following information received from one Linus Chukwuebuka.

    “Linus Chukwuebuka made revelations that necessitated our search of the house where we found documents relating to property and a bag containing the money.

    “Linus told me that Justice Ngwuta called him and asked him to go to his bedroom and remove the documents and the bag containing the money and hide them because if the `SSS’ should lay eyes on it, he will be in trouble.

    “He also told us that Ngwuta asked him to move some cars, a BMW, a Wrangler jeep and a Hummer jeep, and that he further asked him to disappear afterwards so that he will not be arrested,” the witness said.

    The judge adjourned the matter until Jan. 12 for cross examination of the witness by the defence team.

    It would be recalled that in May 2017, the State Security Service and the court disagreed over the amount of money tendered as exhibit by another prosecution witness, John Utazi.

    Mr. The money in question was said to have been recovered from the residence of Ngwuta by the SSS during a search on the residence on October 7, 2016.

    Justice Tsoho had said that he was informed that the Naira denomination in the court’s custody was different from the amount the witness called while giving evidence.

    “I am just receiving the information that there was a problem with the exhibit because the amount announced by the prosecution in respect to exhibit 11h should have been N35,358,000 million but when counted, it was N35,335,840 million.

    “So it doesn’t agree with what the witness said as there appears to be a shortfall.”

    The witness had however insisted that he counted the money meticulously and that he stood by the figure he had given.

     

    (NAN)

  • NIS indicts Justice Ngwuta, accuses him of using multiple passports illegally

    The Nigeria Immigration Service on Friday told a Federal High Court, Abuja, that Sylvester Ngwuta, a suspended justice of the Supreme Court used two similar standard international passports interchangeably.

    A senior staff of the service, Mr Tanko Kutana, made the claim while being cross-examined by counsel for the defendant, Chief Kanu Agabi (SAN).

    Ngwuta was among seven superior court judges that were arrested between Oct. 7 and Oct. 8, 2016, after the DSS raided their homes in what it termed a “sting operation.”

    The defendant is alleged to have been in possession of multiple standard travel passports and stashed foreign currencies in his Abuja home.

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

    According to him, the service subsequently issued him a new one, based on the strength of the affidavit declaring his old passport missing.

    Kutana, however, said the service was taken aback 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 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 the service when he eventually found the missing passport.

    “The forensic report shows that the defendant, Ngwuta using the two standard passports interchangeable, at the time of his arrest on Oct. 7, 2016 by the operatives of the Department of State Service.

    “We would not have been here if the defendant had returned the recovered passport to the service when he found it,’’ he said.

    The witness who confirmed that four diplomatic passports and two standard passports were found in the possession of the defendant, however, said the forensic analysis on the six passports did not show evidence of forgery

    “I did the analysis on the six passports to determine whether there was forgery and by the time I concluded my analysis of the passports I found no evidence of forgery in any of them,’’ the witness said.

    He said there were circumstances under which a citizen could have more than one passport, adding that it did not include having two similar ones.

    Justice John Tsoho adjourned the trial until Oct. 20.

     

  • Justice Ngwuta’s Trial: FG presents 9 bags, boxes containing huge cash as evidence

    Justice Ngwuta’s Trial: FG presents 9 bags, boxes containing huge cash as evidence

    The Federal Government has tendered as evidence nine bags and boxes filled with local and foreign currencies, before a Federal High Court in Abuja, against Justice of the Supreme Court, Justice Sylvester Ngwuta.

    All the items were allegedly recovered from his home.

    The items were allegedly recovered from his official residence in Abuja during a search operation carried out by men of the Department of State Service, DSS.

    TheNewsGuru.com reports that Justice Ngwuta is being prosecuted by the federal government on 13 counts, including passport fraud, money laundering allegations of retention and concealment of origin of the sums contained in the nine bags and boxes.

    A prosecution witness, Mr. John Utazi,‎ a DSS officer , had in his testimony on May 16, 2017, given details of how his team searched Justice Ngwuta’s official residence in Abuja on October 7, 2016 and what was recovered during the search.

    Continuing his testimony on Thursday, Utazi revealed further that the bags and boxes contained naira, United States dollars, British pounds sterling, euro, South African rands, United Arab Emirates dirham and Gambian dalasis.

    The items were flung open during court proceedings, showing to the glare of everybody the cash in them.

    Of the nine items, eight of them contained naira notes, totaling N35,358,000, Utazi had disclosed.

    He said the ninth bag contained £25,915; $319,596 (USD); R50 (South African rands); 380 ( dirhams); 420 dalasis and €280 (euros)

  • Justice Nguta pleads not guilty to 8-Count Charge at CCT

    Justice Nguta pleads not guilty to 8-Count Charge at CCT

    Justice Sylvester Ngwuta has pleaded not guilty to an 8-count charge of false declaration of assets, preferred by the Federal Government, against him before the tribunal.

    According to the Attorney-General of the Federation, Abubakar Malami, Mr Ngwuta contravened section 15 of the Code of Conduct Bureau and Tribunal Act, laws of the federation of Nigeria, which is punishable under section 23 (2) of the Act.

    Justice Ngwuta is one of the judges whose residence was raided in October 2016 by the Department of Security Service (DSS), in which huge sums of money in various denominations were allegedly uncovered

    He is currently standing trial before Justice John Tsoho of the Federal High Court, Abuja, on an amended 16-count charge bordering on money laundering.

    The Chairman of the CCT, Justice Danladi Umar, however adjourned the matter for hearing to July 12, 2017.

  • 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.

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

  • Court adjourns Justice Ngwuta’s trial

    Court adjourns Justice Ngwuta’s trial

    The criminal trial of Justice Sylvester Ngwuta by the Federal High Court, Abuja was on Wednesday stalled on allegation of untimely service of `trial processes’ on the defence team.

    Chief Kanu Agabi (SAN), the defence lead counsel had filed an oral motion seeking adjournment in order to avail him of documentary evidence brought against Ngwuta.

    The presiding judge, Justice John Tsoho held that the new Administration of Criminal Justice Act allowed five adjournments on instances of parties.

    He also said Section 396 of the Act gave wider room for persons charged for criminal offence to be availed the allowance to prepare for trial.

    “This opportunity also extends to the psychological and emotion disposition of the defendant.

    “However, no defendant that is worth his or her salt would allow criminal charges to hang around him or her. This application has merit and it is upheld.

    “The defence team is obliged time to use this period to study the charges, evidence and all other document related to the case.”

    Tsoho added: “the trial is adjourned to run between Jan.18 and Jan. 23’’.

    Agabi had said that the prosecution team served him with the complete process few days ago, adding that he required time to under study the document.

    Mr Philips Adeogun, the prosecuting counsel, opposed the application, as according to him, the defence’s team was served all relevant processes required to kick start the trial.

    “It was based on the assurance that we had satisfied our obligations that we brought our witnesses to court.

    “Indeed, we are taken aback that the defendant counsel would move this retrogressive motion. We pray the court to dismiss it.

    “After all the Administration of Criminal Justice Act compels accelerated hearing of criminal matters such as this,’’ he said.

    Recall that Ngwuta was on Nov. 21, 2016 arraigned before the court on a 16-count charge including alleged money laundering and judicial misconduct.

    Ngwuta, a suspended Justice of the Supreme Court, however, pleaded not guilty to all the charges.

    Recall also that Ngwuta, his colleague, Justice Inyang Okoro, and five other federal judges had been suspended on allegations of fraud.

    The Department of State Services raided their homes on Oct. 7 and Oct. 8 and allegedly discovered large sums of money.

    In the charge sheet, the prosecution stated that Ngwuta illegally retained N35, 358, 000.00, contrary to the Money Laundering (Prohibition) Act, 2011.

    The prosecution also accused the judge of illegally retaining in his possession 319,596.00 dollars and 25, 915 pounds among others.