Concern over Supreme Court’s continued silence on Justice Ngwuta’s fate

Concern is mounting over the continued silence of decision makers at the Supreme Court and the National Judicial Council (NJC) on the fate of a senior member of the apex court’s bench, Justice Sylvester Ngwuta.

Justice Ngwuta’s current status has become a topic discussion in the nation’s judicial circle, particularly senior lawyers, who are worried by alleged delay in sorting out the matter.

Justice Ngwuta, currently listed as the fourth most senior Justice of the Supreme Court (on the court’s website), has not sat in open court since November 4, 2016 following a directive by the NJC that judicial officers  being investigated for  corruption related allegations should cease to perform judicial functions until the conclusion of investigation.

He was one of the two Justices of the Supreme Court , whose houses were raided, among other judges, by operatives of the Department of State Services (DSS) between 7 and 8, October, 2016. While his   colleague, Justice John Okoro resumed duties shortly after the raid, Ngwuta was charged to court.

He was first arraigned before the Federal High Court in Abuja on corruption related charges and later, arraigned before the Code of Conduct Tribunal (CCT), over his alleged failure to declare some of his assets. Both charges were filed by the office of the Attorney General of the Federation (AGF).

On March 23, 2018, the Federal High Court upheld his challenge of the competence of the charge and discharged him.

Justice John Tsoho, in a ruling, relied on the Court of Appeal decision in the appeal by Justice Hyeladzira Nganjiwa (of the Federal High Court) and held that it was wrong to subject Justice Ngwuta trial before his court, without first, subjecting him to the disciplinary procedure of the NJC.

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On May 15, 2018 the CCT also held in similar manner and struck out the charges against Justice Ngwuta.

A member of the tribunal, Atedze William Agwaza said, in the ruling: “in resolving issues raised by parties in this application, it is hereby held that the defendant/applicant, though a public officer, is also a judicial officer, and subject first to the discipline and management of the NJC.

“This is in line with Section 158(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Paragraph 21 (b) of Part 1 of the 3rd Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the decision of the Court of Appeal in the case of Nganjiwa V. FRN (supra), which forms a precedent binding on this tribunal.

“Our hands are, therefore, tied in the light of the aforesaid decision. Based on the above, the application of the defendant/applicant is found merited, and hereby granted. The defendant is hereby discharged accordingly,” Agwaza said.

Since the last decision by the CCT, Justice Ngwuta has not resumed normal judicial functions. He has not been sighted sitting as a member of any panel of the court.

Enquiry at the Supreme Court revealed that although Justice Ngwuta goes  to work every day, he limits his activities to his office.

He added: “You know the EFCC (economic and Financial Crimes Commission) wrote petitions against those judges it initially charged to court before the Court of Appeal judgement in the case of Justice Nganjiwa came.  Some of such petitions have been treated, the latest being that of Justice Ofili-Ajumogobia.

“But, unlike the EFCC, the office of the AGF did not write petition against the judges it had charged to court. We do not know why. One of them is Justice Ngwuta. So, at the moment, and to my knowledge, there is no petition pending against him before the NJC.”

The Nation learnt, at the office of the AGF, that the office decided against writing any petition against any of the judges it was prosecuting and has seen no reason to do that.

Meanwhile, it was gathered on Friday that some  senior lawyers, who felt concerned that Justice Ngwuta’s issue has been left hanging, have decided to bring it to the attention of the new CJN, Justice Ibrahim Muhammad and to demand that the NJC put the issue to rest.

A Senior Advocate of Nigeria, who is part of the plan, told The Nation that “We hope to meet before the Supreme Court’s long vacation ends, to take a position on this and communicate our decision to the new CJN.

“This issue has to be resolved. It is casting a wrong shadow on the Judiciary. His fate cannot be left to dangle. He should not be subjected to perpetual uncertainty. That is the point we hope to stress,” he said.