Justice Ngwuta arraigned before Federal High Court
Gets N100m bail, trial begins Dec. 7
One of the Justices of the Supreme Court arrested recently by the Department of State Security Service (DSS), Sylvester N. Ngwuta, has been arraigned.
Ngwuta appeared yesterday before Justice John Tsoho of the Federal High Court, Abuja Division on an amended 16-count charge bordering on money laundering, filed against him by the Federal Government.
The charges, filed by the Attorney General of the Federation and Minister of Justice, Abubakar Malami, were said to be 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.
Ngwuta listened to the 16-count charges read to him and one after the other, he pleaded not guilty.
Some of the charges read: “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 N130 million 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).
“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 N165 million 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).
Shortly after the charges were read, the defendant, through his lead counsel, Chief Kanu Agabi, asked the court to grant him bail, pending hearing and determination of the case against him.
Agabi contended that the charges against his client were bailable offences. And as such, he should be released on bail.
He hinged his request on section 35 and 36 of the 1999 Constitution as well as Section 162 of the Administration of Criminal Justice Act, 2015.
But the prosecution counsel, Mr. Charles Adeogun-Philips, had asked the court for time to respond to Ngwuta’s bail application, which he said was just served on him.
Trial Justice Tsoho, however, stood down the matter till 12.30 p.m., to take arguments on the bail application.
When the court resumed, the prosecution counsel argued that the prosecution was not originally predisposed to objecting to the bail, as it had planned not to in the case of the Supreme Court Registrar, whose arraignment failed last week.
He stated that he regretted objecting to the bail application.
According to him, there were sufficient grounds that the defendant would interfere with prosecution witnesses and or evidence.
He also told the court that there was substantial likelihood that the defendant might conceal or destroy evidence if released on bail.
Adeogun-Philips had shortly after Justice Ngwuta entered his plea, informed the trial court that one of his witnesses was present and willing to immediately commence his evidence-in-chief.
In his ruling, the trial Judge held that the DSS, having deposed to an affidavit of completion of investigation, there was no basis for the prosecution to express any fear that the defendant would interfere with the witnesses or evidence.
Justice Tsoho further held that although the prosecution cited several cases on behaviour of the defendant during investigation, the court was not told that the administrative bail earlier granted the defendant by the DSS was revoked. And as such, there was no ground before the court to indicate that the defendant would jump bail.
The judge added that the prosecution was not consistent in its numerous claims, one of which was that the defendant would evade trial.
According to him, it was the same prosecution, which had earlier established that all the travelling documents of the defendant had been seized and that they had been keeping an eagle eye on his movement.
According to him, throughout the course of the claim, the prosecution never told the court that the defendant made any attempt at escaping from the country while on administrative bail.
As such, he said, the prosecution could not reasonably express fear that the defendant would escape.
He consequently granted him bail to the tune of N100 million on self-recognition.
The court fixed December 7 and 8 for commencement of trial.
Other charges against the accused included: “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 N100 million 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).
“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 N110 million 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).
“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 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).
“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 $319,596.00, 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).
“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 GBP 25,915, which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary Section15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
“Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on 8th October 2016 in Abuja within the jurisdiction of this honourable court, had in your possession, two valid diplomatic passports and you thereby committed an offence contrary to Section 10 (1) (a) of the Immigration Act 2015.
“Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, in Abuja within the jurisdiction of this honourable court, you knowingly made a false statement to the Passport Office concerning your date of birth for the purpose of procuring an additional diplomatic passport for yourself and you thereby committed an offence contrary to Section 10 (1) (c) of the Immigration Act.
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