JUSTICE NGWUTA TO COURT: I’m anxious to know my fate, but…

A Federal High Court in Abuja on Wednesday was not able to proceed with trial of suspended Supreme Court Justice, Sylvester Ngwuta, after he said he was not yet prepared for the case.

Nguta’s counsel stated that they are anxious for the case to commence so that they will know their fate.

Ngwuta, who was among the senior judges the Department of Security Service (DSS) raided their homes and arrested, is facing 16-count charges bordering on money laundering, age falsification and his alleged illegal possession of multiple international passports.

The prosecution, led by a former attorney at the International Criminal Court of Justice, ICC, Mr. Charles Adeogun-Philips, had told the court that three witnesses were in court to enter evidence against Ngwuta.

He said, “My lord we are ready to open our case today. Our witnesses are in court and we have all our arsenals ready.”

But lawyer to Ngwuta, Chief Kanu Agabi (SAN), a former Attorney General of the Federation and Minister of Justice, argued that his client should be given additional time and facilities to get ready for his defence.

Agabi said, “My lord we are anxious for this matter to commence so that we will know our fate. However, we will be pleading with your lordship to grant us an adjournment so that we can be fully prepared. We have so many documents yet to access. Under the constitution, the defendant requires adequate time to prepare for his defence.

“The matter cannot even go on tomorrow as earlier stated, because we still have a lot of work to do”.

He then prayed the court to instruct the prosecution to furnish him with all the documents he intends to adduce in the course of the trial.

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Agabi added, “My lord you heard the prosecution describe it as an arsenal. We became afraid when he made that statement.”

Adeogun-Philips however urged the court to deny the adjournment prayer and okay the matter for immediate trial, arguing that the matter was fixed by consent of parties on November 21.

“May I also draw your lordship’s attention to Section 396(3) of the Administration of Criminal Justice Act, ACJA, 2015, which makes provision for day-to-day trial of the defendant,” he added.

Trial Justice John Tsoho, in a bench ruling, noted that section 396(4) of the ACJA indeed made provision for a maximum adjournment of five times, stressing that section 36(6) of the 1999 constitution which allows a defence to have adequate time and facilities to prepare his defence, has a wider scope and encompasses the mental preparedness of an accused to stand trial.

 

 

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