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IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFORMATION NO: FHC/ABJ/C/232/16
BETWEEN
FEDERAL REPUBLIC OF NIGERIA……………………………….COMPLAINANT
AND
SYLVESTER NWALI NGWUTA ………………………………………….DEFENDANT
At the court session Holden at Abuja on the………day of………………….2016, the Federal High Court is informed by the Honourable Attorney General of the Federation pursuant to Sections 104 and 379 of the Administration of Criminal Justice Act, 2015 that you, SYLVESTER NWALI NGWUTA are charged with the following offences:
COUNT ONE – STATEMENT OF OFFENCE
Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 4th day of January 2016, within the jurisdiction of this Honourable Court, transferred the total sum of One Hundred and Thirty Million denominated in, Naira and US Dollars, (N130,000,000.00) to Nwamba Linus Chukwuebuka, a Building Contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT TWO – STATEMENT OF OFFENCE
Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this Honourable Court, transferred the total sum of One Hundred and Sixty Five Million, denominated in Naira and US Dollars, (N165,000,000.00) to Nwamba Linus Chukwuebuka, a Building Contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT THREE – STATEMENT OF OFFENCE
Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this Honourable Court, transferred the total sum of One Hundred Million, denominated in Naira and US Dollars, (N100,000,000.00) to Nwamba Linus Chukwuebuka, a Building Contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT FOUR – STATEMENT OF OFFENCE
Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about May, 2016, within the jurisdiction of this Honourable Court, transferred the total sum of One Hundred and Ten Million , denominated in Naira and US Dollars, (N110,000,000.00) to Nwamba Linus Chukwuebuka, a Building Contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT FIVE – STATEMENT OF OFFENCE
Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act.
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this Honourable Court, retained in your possession the sum of Thirty-Five Million, Three Hundred and Fifty-Eight Thousand Naira (N35,358,000.00) which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT SIX – STATEMENT OF OFFENCE
Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this Honourable Court, retained in your possession the sum of Three Hundred and Nineteen Thousand, Five Hundred and Ninety- Six United States of America ($319,596.00)Dollars which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT SEVEN – STATEMENT OF OFFENCE
Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this Honourable Court, retained in your possession the sum of Twenty-Five Thousand Nine Hundred and Fifteen Pounds Sterling (GBP 25,915) which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary Section15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).
COUNT EIGHT – STATEMENT OF OFFENCE
Unauthorized Possession of More than One Valid Diplomatic Passport contrary to Section 10 (1) (a) and 10 (2) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on 8th October 2016 at Abuja within the jurisdiction of this Honourable Court, had in your possession, two valid Diplomatic Passports and you thereby committed an offence contrary to Section 10 (1) (a) of the Immigration Act 2015.
COUNT NINE – STATEMENT OF OFFENCE
Making a False Statement for the Purpose of Procuring a Passport contrary to Section 10 (1) (c) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, you knowingly made a false statement to the Passport Office concerning your date of birth for the purpose of procuring an additional Diplomatic Passport for yourself and you thereby committed an offence contrary to Section 10 (1) (c) of the Immigration Act.
COUNT TEN – STATEMENT OF OFFENCE
Submitting Multiple Applications to a Passport Office with the Intention of Obtaining Multiple Passports contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act.
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, male, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, you submitted multiple applications to the Passport Office with the intention of obtaining multiple Diplomatic Passports for yourself and thereby committed an offence contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act.
COUNT ELEVEN – STATEMENT OF OFFENCE
Making a False Statement for the Purpose of Procuring a Passport contrary to Section 10 (1) (c) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, knowingly made a false statement to the Passport Office concerning the loss of your Diplomatic Passport No: D50000087 and thereby committed an offence contrary to Section 10 (1) (c) of the Immigration Act.
COUNT TWELVE – STATEMENT OF OFFENCE
Unauthorized Possession of More than One Valid Standard Nigerian Passport contrary to Section 10 (1) (a) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on 8th October 2016 at Abuja within the jurisdiction of this Honourable Court, had in your possession, two valid Standard Nigerian Passports and you thereby committed an offence contrary to Section 10 (1) (a) of the Immigration Act 2015.
COUNT THIRTEEN – STATEMENT OF OFFENCE
Making a False Statement for the Purpose of Procuring a Passport contrary to Section 10 (1) (c) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, knowingly made a false statement to the Passport Office concerning the loss of your Standard Nigerian Passport No: A04389985 and thereby committed an offence contrary to Section 10 (1) (c) of the Immigration Act.
COUNT FOURTEEN – STATEMENT OF OFFENCE
Submitting Multiple Applications to the Passport Office with the Intention of Obtaining Multiple Passports contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act.
PARTICULARS OF OFFENCE
Sylvester Nwali Ngwuta, adult, male, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, FCT, on the 5th day of April 2016, at Abuja within the jurisdiction of this Honourable Court, you submitted multiple applications to one or more passport offices with the intention of obtaining multiple Standard Nigerian Passports for yourself and thereby committed an offence contrary to Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act
DATE THIS…………………….DAY OF……………………2016
HAJARA H. YUSUF (MRS)
PRINCIPAL STATE COUNSEL
FOR: HONOURABLE ATTORNEY GENERAL OF THE FEDERATION
FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFO; NO: FHC/ABJ/C/232/16
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA ………………………..COMPLAINANT
AND
SYLVESTER NWALI NGWUTA …………………………………..DEFENDANT
PROOF OF EVIDENCE
A COPY OF THE CHARGE
AFFIDAVIT OF COMPLETION OF INVESTIGATION
CASE SUMMARY
LIST OF WITNESSES AND SUMMARRY OF THEIR EVIDENCE
LIST OF EXHIBITS
PICTORIAL LINK ANALYSIS CHART
IMMIGRATION PASSPORTS OF THE DEFENDANT.
Dated this………………day of………………………….2016
HAJARA H. YUSUF
PRINCIPAL STATE COUNSEL
FOR: HONOURABLE ATTORNEY GENERAL OF THE FEDERATION
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFO; NO: FHC/ABJ/C/232/16
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA …………………………….COMPLAINANT
AND
SYLVESTER NWALI NGWUTA ……………………………………..DEFENDANT
AFFIDAVIT OF COMPLETION OF INVESTIGATION
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I, Bamai Abu Nehemiah, male, adult, Christian, Nigerian, of the Department of State Services, Headquarters, Abuja, FCT the Agency responsible for the investigation of this case, do hereby make oath and state as follows:
That I am an officer in the Department of State Services, Headquarters, Abuja FCT;
That by virtue of my employment aforesaid, I am conversant with the facts of this case.
That I have the consent and authority of my employers to depose to this Affidavit
That the investigation into this case has been concluded
That the case file has been sent to the Office of the Honourable Attorney General of the Federation for legal advice and further action
That I was informed by Hajara H. Yusuf, a Principal State Counsel in the Department of Public Prosecutions of the Federation at her office at the Federal Ministry of Justice, Abuja FCT on Monday, 18th day of October, 2016 at about 12 noon that it is the opinion of the Department of Public Prosecution that the investigations conducted in this case has so far revealed a prima facie case against the Defendant.
That I make this Affidavit in good faith, conscientiously believing same to be true and in accordance with Oaths Act
…………………
DEPONENT
SWORN to at the Registry of the Federal High Court, Abuja, FCT
This ……………………day of ……………………………………………… 2016
BEFORE ME
,,
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFO; NO: FHC/ABJ/C/232
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA………..…………………COMPLAINANT
AND
SYLVESTER NWALI NGWUTA …………………………………..DEFENDANT
CASE SUMMARY
Following allegations of corruption against Mr. Sylvester Nwali Ngwuta, the Department of State Services (DSS) commenced investigation into the activities of the above-mentioned defendant. This investigation culminated in the execution of a search warrant in the home of the defendant and following a search of his official residence during on the 8th October 2016, several sums of cash were recovered therefrom including the sum of Thirty-Five Million, Three Hundred and Fifty-Eight Thousand Naira (NGN35,358,000.00) Naira; Three Hundred and Nineteen Thousand, Five Hundred and Ninety- Six United States Dollars ($319,596.00); Twenty-Five Thousand Nine Hundred and Fifteen Pounds Sterling (GBP 25,915) and Two Hundred and Eighty Euros (EURO 280.00). The search also revealed about four Diplomatic passports, one official and two standard Nigerian passports all in the name of the defendant.
Dated this ……………….day……………2016
HAJARA H. YUSUF
PRINCIPAL STATE COUNSEL
FOR: HONOURABLE ATTORNEY GENERAL OF THE FEDERATION
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFO; NO: FHC/ABJ/C/232
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA …………………………COMPLAINANT
AND
SYLVESTER NWALI NGWUTA …………………………………DEFENDANT
LIST OF WITNESSES AND SUMMARY OF THEIR EVIDENCE
S/NO
NAME AND ADDRESS OF WITNESS
SUMMARY OF EVIDENCE OF WITNESS
1.
Aminu N Ibrahim
To testify on the search conducted on Defendant’s residence on or about 7/8 October 2016
2.
Ngo Awoikiega
To testify on the investigation/ interrogation of the Defendant
3.
Mr. Tanko Nuhu Kutana
An Immigration Officer to testify on the multiple Diplomatic and Standard Nigerian Passports obtained by the Defendant
4.
Ogudu Nwadire
To testify on how as an Architect to the Defendant between 2014 and 2016, he handled several projects for which he received cash payments totaling $100,000.00
5.
Nwamba Linus Chukwuebuka
To testify on how as a building contractor to the Defendant between 2014 and 2016, he handled several projects for which he received cash payments from the Defendant totaling $1,000,000.00
Dated this……………………….day of…………………………….2016
HAJARA H. YUSUF (MRS)
PRINCIPAL STATE COUNSEL
FOR: HONOURABLE ATTORNEY GENERAL OF THE FEDERATION
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
INFO; NO: FHC/ABJ/C/ 232/16
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA …………….………….. COMPLAINANT
AND
SYLVESTER NWALI NGWUTA …………………………………DEFENDANT
LIST OF EXHIBITS
Search Warrant;
Cash recovered from the Defendant’s residence;
Video CDs of the Defendant’s interview;
Statement of the Defendant dated 12 October 2016
Statement of the Defendant dated 17 October 2016
Statement of the Defendant dated 24 October 2016
Statement of the Defendant dated 25 October 2016
Statement of the Defendant dated 27 October 2016
Statements of the Tanko Nuhu Kutana of 07 November 2016
Statement of the Ali Peter Oge of 10 November 2016
Statement of the Ogudu Nwadire of 10 November 2016
Statements of Nwamba Chukwuebuka of 12/13 Nov 2016
House Upkeep And Project Account by Ogudu Nwadire
Photographs search at the Defendant’s House
NIS Data base printouts of the Defendant’s e-passports
(both standard and diplomatic);
Defendant’s travel history;
Sworn Affidavit submitted by the subject prior to renewal
/cancellation of any one of his passports;
E-Official/Diplomatic Passport Data Form
Bill of costs and Order of Payment from Base 4 Services Ltd
by Nwamba Linus Chukwuebuka
Pictures of houses under construction belonging to the Defendant
Any other evidence that may be required at the trial
Dated this……………..day of…………..….2016
HAJARA H. YUSUF (MRS)
PRINCIPAL STATE COUNSEL
FOR: HONOURABLE ATTORNEY GENERAL OF THE FEDERATION
