The criminal trial of Justice Sylvester Ngwuta by the Federal High Court in Abuja, has been adjourned following allegation of untimely service of `trial processes’ on the defence team.
The defence lead counsel 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.
“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.”
Tsoho added: “the trial is adjourned to run between January 18 and January 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.
Mr Philips Adeogun, the prosecuting counsel, opposed the application, as according to him, the defence’s team was served all relevant processes required to commence the trial.
“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,’’ he said.
Ngwuta was on 21 November, 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.