The criminal trial of Justice Sylvester Ngwutaby the Federal High Court, Abuja was on Wednesday stalled on allegation of untimely service of ‘trial processes’ on the defence team.
The defence lead counsel, Chief Kanu Agabi (SAN), 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.
He said, “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.”
“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.
The prosecuting counsel, Mr. Philips Adeogun, opposed the application, as according to him, the defence’s team was served all relevant processes required to kick start the trial.
He said, “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.”
Ngwuta was on November 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.
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.
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