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FALSE ASSET DECLARATION: Justice Ngwuta says FG charges incompetent, prays CCT to throw them out

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CCT frees Justice Ngwuta in false asset declaration case

A judge of the Supreme Court, Justice Sylvester Ngwuta, has argued that the eight-count criminal charges preferred against him by the Federal government, on alleged false declaration of assets, were incompetent in the face of the law and prayed the Code of Conduct Tribunal (CCT) to free him.

The Federal Government had last year dragged the Supreme Court justice to the CCT on eight-count charge bordering on false asset declaration.

But in a fresh motion on notice, which Ngwuta filed at the Tribunal, he argued that the CCT has no jurisdiction to entertain his trial, adding that the charges brought against him by the Federal Government were useless in the face of the law.

The motion on notice which was brought pursuant to Section 158 of the 1999 Constitution and filed on Justice Ngwuta’s behalf by his lead counsel, Mr. Kanu Agabi, he said that the charges against him were incompetent since they were never referred to the National Judicial Council (NJC) as required by Law.

Based on this argument, Ngwuta prayed the CCT to throw out the Federal Government charges and discharge and acquit him in line with the provision of Section 158 of the Constitution.

The defendant, in an eight-paragraph affidavit in support of the motion, claimed that he is a serving judicial officer and that by virtue of his appointment into the Supreme Court, that Section 158 provides that Disciplinary Action Against a serving judicial officer shall first be referred to the NJC which has statutory powers to discipline any erring judicial officers.

The defendant argued that the Federal Government, in the ongoing matter, violated Section 158 of the constitution by not to have first and foremost, referred his alleged misconduct to the NJC.

He cited the decision of the court of appeal in the case of honourable Justice Nganjiwa and Federal Government, were the appellate court submitted that no criminal investigation nor prosecution can be initiated or instituted in any court of law or tribunal against a serving judicial officer for judicial misconduct or breach of trust of his office without first presenting such allegation to the National Judicial Council and a determination thereof by the council.

In the affidavit deposed to by Kanu Oko Agabi, the defendant further claimed that the allegation which brought about the charge were never referred to or and determined by NJC prior to the institution of the Criminal Charges by the Federal Government.

According to him, until the NJC finds him guilty of an act of misconduct or breach of his oath of office, the Federal Government cannot institute any criminal prosecution against him.

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At the Tuesday consideration of the matter, counsel to the Federal Government, Ahmadu Shehu Mainasara, confirmed that the motion had been served on the Attorney General of the Federation on January 10, 2018 but has not been passed to him to file his response.

He the prayed the tribunal for a final adjournment to enable him link up with the office of AGF for the purpose of doing the needful.

Kanu Agabi, counsel to the defendant did not object to the request for an adjournment.

The tribunal chairman, Mr. Danladi Umar, adjourned the matter for February 14, 2018 for definite hearing.

 

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