Thursday, 17 November 2016

More trouble for Justice Ngwuta as FG increases charges to 14 counts



It is more trouble for Justice Sylvester Ngwuta of the Supreme Court, as the Federal Government, yesterday, expanded corruption charges against him from nine to 14. Government, through the office of the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, entered the amended charge marked FHC/ABJ/C/232, before the Federal High Court in Abuja.


Ngwuta was in the charge signed by a Principal State Counsel, Hajara H. Yusuf, alleged to have among other offences, stashed foreign currencies in his Abuja home.

The charge indicated that operatives of the Department of State Services, DSS, had at the end of a search operation conducted at Ngwuta’s official residence, recovered several sums of cash, including the sum of Thirty-Five Million, Three Hundred and Fifty-Eight Thousand Naira (NGN35,358,000.00); Three Hundred and Nineteen Thousand, Five Hundred and Ninety- Six United States Dollars ($319,596.00); as well as Twenty-Five Thousand Nine Hundred and Fifteen Pounds Sterling (GBP 25,915) and Two Hundred and Eighty Euros (EURO 280.00). It said the search also revealed about four Diplomatic passports, one official and two standard Nigerian passports all in the name of the defendant.

The Federal Government told the court that the DSS executed a search warrant at Justice Ngwuta’s home on October 8, following series of allegations of corruption that were levelled against him. 

The amended charge was filed pursuant to Sections 104 and 379 of the Administration of Criminal Justice Act, 2015. Meanwhile, documents sighted, last night, revealed that the the federal government has lined-up five witnesses that will testify against the accused jurist. The witness are Aminu N Ibrahim, who is to testify on the search conducted on the defendant’s residence on or about 7/8 October; Ngo Awoikiega, who will testify on the investigation/ interrogation of the Defendant.

Others are Mr. Tanko Nuhu Kutana, an Immigration Officer who will testify on the multiple Diplomatic and Standard Nigerian Passports obtained by the Defendant. Ogudu Nwadire will tell the court how as an Architect to the defendant between 2014 and 2016, he handled several projects for which he received cash payments totalling $100,000.00. While Nwamba Linus Chukwuebuka will testify on how as a building contractor to the defendant between 2014 and 2016, he handled several projects for which he received cash payments from the Defendant totalling $1,000,000.00. Already, the DSS official responsible for the investigation of the case, Bamai Abu Nehemiah, has deposed an affidavit of completion of investigation into the matter. 

According to him, “That I was informed by Hajara H. Yusuf, a Principal State Counsel in the Department of Public Prosecutions of the Federation at her office at the Federal Ministry of Justice, Abuja FCT on Monday, 18th day of October, 2016 at about 12 noon that it is the opinion of the Department of Public Prosecution that the investigations conducted in this case has so far revealed a prima facie case against the Defendant”. Among exhibits FG said it would tender against the defendant, include search Warrant; cash recovered from the defendant’s residence; Video CDs of the defendant’s interview; Statement of the defendant dated October 12, 17, 24, 25 and 27.

As well as statements of all the witnesses made from November 7 to 13. Others are House Upkeep And Project Account by Ogudu Nwadire, Photographs search at the Defendant’s House, NIS Data base printouts of the Defendant’s e-passport (both standard and diplomatic); Defendant’s travel history; Sworn Affidavit submitted by the subject prior to renewal /cancellation of any one of his passports; E-Official/Diplomatic Passport Data Form, Bill of costs and Order of Payment from Base 4 Services Ltd by Nwamba Linus Chukwuebuka, Pictures of houses under construction belonging to the Defendant. Similarly, FG has also line-up three witnesses against Justice Adeniyi Ademola of the Abuja Division of the Federal High Court and his wife Mrs. Olabowale. Ademola and his wife are facing a 15-count criminal charge before an Abuja High Court.

They allegedly committed offences contrary to Section 8 of the Independent Corrupt Practices Commission Act , 2011 and Section 115 of the Penal Code Law . Government maintained that the offences were committed between Febuary 2014 and June 2016. The defendants allegedly received N40million between February 20 and 21, 2014 and another N30 million from Messers Joe Odey Agi and Associates between March 11 and 26, 2015.

Justice Ademola was said to have received N30 million from Agi who is a Senior Advocate of Nigeria, between March 11 and 26, 2015, with his wife who is a senior civil servant with the Lagos State Government, also pocketing another N30m from the same source. Those to testify against them are Babatunde Adepoju who took statement of the defendants, George Inyang who will testify on the Link Chart and a GT Bank PLC staff. Among evidence to be tendered against the defendants include their Bank statements. Meantime, some of the amended charges against Justice Ngwuta are:

COUNT ONE: 
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 TWO; 
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 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 THREE 
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 FOUR 
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 TWELVE 
STATEMENT OF OFFENCE 
Unauthorized Possession of More than One Valid Standard Nigerian Passport contrary to Section 10 (1) (a) of the Immigration Act 2015 and punishable under Section 10 (1) of the 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, FCT, on 8th October 2016 at Abuja within the jurisdiction of this Honourable Court, had in your possession, two valid Standard Nigerian Passports and you thereby committed an offence contrary to Section 10 (1) (a) of the Immigration Act 2015.

COUNT THIRTEEN;

STATEMENT OF OFFENCE 

Making a False Statement for the Purpose of Procuring a Passport contrary to Section 10 (1) (c) of the Immigration Act 2015 and punishable under Section 10 (1) of the 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, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, knowingly made a false statement to the Passport Office concerning the loss of your Standard Nigerian Passport No: A04389985 and thereby committed an offence contrary to Section 10 (1) (c) of the Immigration Act.

COUNT FOURTEEN 

STATEMENT OF OFFENCE 

Submitting Multiple Applications to the Passport Office with the Intention of Obtaining Multiple Passports contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act. PARTICULARS OF OFFENCE Sylvester Nwali Ngwuta, adult, male, 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, at Abuja within the jurisdiction of this Honourable Court, you submitted multiple applications to one or more passport offices with the intention of obtaining multiple Standard Nigerian Passports for yourself and thereby committed an offence contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act”.



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