The Economic and Financial Crimes Commission (EFCC) on April 28 re-visited the alleged N19.2 billion fraud case against a former Governor of Bayelsa State, Timipre Sylva just as it re-arraigned the ex-governor on 42-count charge before a Federal High Court sitting in Abuja. The re-arraignment was sequel to the retirement of Justice Adamu Bello who was handling the case. The retirement made the suit to be re-assigned to Justice A.R. Mohammed and the suit started de-novo. The anti-graft agency accused Sylva of using three companies to commit the offences between 2009 and 2012 as governor of the state.
Sylva was arraigned for the N19.2 billion charges in 2012 alongside Nide Francis Okonkwo, Gbenga Balogun and Samuel Ogbuku. They were alleged to have used three companies – Marlin Maritime Ltd, Eat Catering Services Ltd, and Haloween-Blue Construction and Logistics Ltd – to move the N19.2 billion from the treasury of Bayelsa State government between 2009 and 2012, under false pretence of using the withdrawn money to augment salaries of the state government workers. While the case before Justice Mohammed was still pending, the anti-graft agency also filed another six-count criminal charge bothering on N2.45 billion fraud before Justice Evoh Chukwu of the same court.
While Rotimi Jacobs (SAN) was prosecuting the matter before Justice Mohammed, Festus Keyamo was prosecuting the case before Justice Chukwu. During the pendency of the suit before Justice Chukwu, Keyamo withdrew as prosecuting counsel from the trial. Keyamo through a lawyer from his chamber, John Ainetor, appeared in court to inform the presiding judge of his decision to withdraw from further prosecuting the case. Ainetor did not give reason for Keyamo’s decision. Keyamo’s letter to the EFCC indicating his intention to withdraw from the suit did not also give any specific reason. Also, the application he filed to that effect did not give any details apart from stating that his decision was informed by “certain recent developments.” His application was granted and the matter was adjourned till June 1. Sylva had earlier pleaded not guilty to the charges slammed on him when he was first arraigned before Justice Adamu Bello on June 5, 2012.
Few days after Keyamo withdrew from the suit as the prosecuting counsel, the Director of Public Prosecution of the Federal Ministry of Justice, M.S. Diri, however, withdrew the N2.45 billion fraud charges instituted against Sylva. But the EFCC, represented by its Assistant Director, Legal and Prosecution, J.O Ojogbane, said the anti-graft agency was not part of the decision to withdraw the charges. Following the withdrawal of Keyamo from the case on May 25, it was handed over to the Department of Public Prosecution (DPP). But instead of the DPP appearing in court for the commencement of trial, a fiat was issued to a private lawyer, O.J Nnadi (SAN), to continue prosecuting the case.
During one of the proceedings, Nnadi tendered the freshly issued fiat before the court and told the judge that the EFCC had instructed him to withdraw the suit. He then urged the court to strike out the case. But Ojogbane who appeared together with Nnadi and other lawyers for the prosecution, expressed surprise over the team leader’s claim that the EFCC gave the instruction for the withdrawal of the case. The EFCC counsel said: “I am a little bit surprised by the submission of the learned silk (Nnadi).
“The instruction from my own Director, Legal and Prosecution of the EFCC, Mr. Chime Okoroma, is for me to appear with the DPP of the Federation who he said would be coming to court this morning to withdraw this charge on behalf of the Attorney-General of the Federation. “When I got to the court this morning I did not see him (DPP) but I saw the name of the learned silk on the case list. I approached him and he confirmed to me that he had been briefed by the office of the AGF. He (Nnadi) told me he has the fiat of the AGF which is already admitted as exhibit in this court. “He (Nnadi) put a call through to the DPP of the Federation whom I had the privilege of speaking with on the learned silk’s telephone and he told me that the learned silk was going to withdraw the charge.
“It is not correct to say that EFCC asked him to withdraw the charge. EFCC did not instruct me to come and withdraw the charge.” Ojogbane explained that the reason given by the DPP for withdrawing the case was that Sylva had similar charges pending against him before Justice Mohammed of the same Federal High Court in Abuja. He said: “I can confirm that this charge is to be withdrawn this morning by the office of the DPP and the reason given was that there are two similar matters against the accused person in this court – one before your lordship and another one before Justice A.R Mohammed which has progressed more than the one before your lordship.” Sylva’s counsel, Israel Olorundare (SAN), did not oppose the application for the withdrawal of the suit.
He urged the court to strike it out as prayed by the prosecution but he also urged the court to order the release of his client’s passport which had been in the custody of the court since he was first arraigned in 2012. Olorundare also urged the court to restrain the EFCC from arresting Sylva based on the charges that were withdrawn. While Nnadi did not oppose the release of Sylva’s passport to him, the lawyer said the court could not possibly give any order in anticipation of his arrest. Justice Chukwu in his ruling struck out the case as he held that the Attorney-General of the Federation possessed the power under the constitution to delegate his power to issue a fiat as it was done in the case. The judge also ordered that Sylva’s passport be released to him with the striking out of his case before the court. Having withdrawn the case before Justice Chukwu, the parties went back to Justice Mohammed to argue their briefs.
In his ruling, the court dismissed the N19.2 billion fraud charge. This came nine days after the EFCC dropped the N2.45 billion fraud allegation against Sylva. Justice Mohammed’s ruling brought to an end all pending EFCC cases against the former governor. The judge held that the fresh charges instituted against Sylva by the EFCC were an abuse of court process since they were based on the same set of transactions involved in the N2.45 billion charges that were recently dropped against the accused person. The court also held that the EFCC attempted to interfere with the administration of justice by withdrawing the N2.45 billion charges after the court had heard and adjourned for ruling on Sylva’s notice of preliminary objection complaining of the multiplicity of the charges filed against him by the EFCC.
It also held that if EFCC was ready to prosecute the accused person, it ought to withdraw the charges that were before it since they were the ones filed after the one before Justice Chukwu. The earlier withdrawal of the N2.45 billion charges within nine days brought to an abrupt end, two cases that had been pending since 2012 and 2013 respectively. But without allowing Sylva to celebrate his discharge, the antigraft agency on June 12 filed a fresh corruption charges against Sylva before the same Federal High Court, Abuja.
The action of the anti-graft agency comes two days after Justice Mohammed of the Federal High Court dismissed the 42- count charge of stealing brought against Sylva and his co-accused by the EFCC, with the excuse that the prosecution’s application to consolidate the charges against the defendants amounted to an abuse of court process.
The commission faulted the ruling on the ground that it was premature as the accused persons had not taken any plea before the court. The anti-graft agency awaits the assignment of the case, to pave way for the arraignment of Sylva and others. All eyes are on the judiciary to see how the fresh suit will go.
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