COURT DISMISSES N19.2B FRAUD CHARGE AGAINST SYLVA

COURT DISMISSES N19.2B FRAUD CHARGE  AGAINST SYLVA 

Justice Ahmed Mohammed of the Federal High Court, Abuja has dismissed the N19.2 billion fraud charge brought against former Bayelsa State Governor Timipre Sylva by the Economic and Financial Crimes Commission (EFCC) in 2013.

               

The EFCC had on June 1, withdrawn another six count charge, involving about N2.45 billion it earlier filed against Sylva and for which he was arraigned before Justice Evoh Chukwu of the Federal High Court. The commission claimed it intended to merge the charge with the one before Justice Mohammed.

Ruling on a notice of preliminary objection filed by Sylva, Justice Mohammed dismissed the N19.2 billion charge. He held that EFCC was wrong to maintain two similar charges against Sylva simultaneously because according to him, it amounted to an abuse of court process.

Justice Mohammed held that the N19.2 billion charge was an abuse of court process since it was based on the same set of transactions involved in the N2.45 billion charge.

“It is thus clear that even with the withdrawal of charge at Court 8, when a ruling is being awaited in the application to quash the charge before this court is in itself an abuse of court process.

“The withdrawal of the charge at Court 8 (Justice Chukwu’s court) is clearly intended to interfere with the decision of the court on the motion dated May 15, 2015 (Sylva’s notice of preliminary objection). It is an attempt to interfere with the administration of justice. It is also a clear admission that by the prosecution, both charges in Court 8 and this court should not exist side by side, “ Mohammed said.

Justice Mohammed maintained that if the prosecution wanted to prosecute the accused person, it should have withdrawn the charge before his court, which was filed after the one before Justice Chukwu, which the EFCC chose to withdraw.

”By withdrawing the charge at court 8, the prosecution didn’t really want to prosecute the matter. I say so because the allegation of abuse is against the charge before this court. Whatever decision the prosecution arrived at did not prevent them from continuing the charge at Court 8 since it was earlier in time and was not targeted by the allegation of abuse.

“Based on the above findings, the charge, FHC/ABJ/CR/167/2013 amounted to abuse of court and same is accordingly dismissed, “ the judge said.

Charged with Sylva are: Nide Francis Okonkwo, Gbenga Balogun and Samuel Ogbuku and three companies – Marlin Maritime Ltd, Eat Catering Services Ltd, and Haloween-Blue Construction and Logistics Ltd.

Reacting to the ruling, Sylva’s media aide, Mr. Doifie Buokoribo, in a statement said: “The ruling by Justice Ahmed Mohammed has at long last vindicated Chief Sylva and ended an elaborate game of cat and mouse being played by EFCC on purpose to frustrate the political life of the former governor.

“The judge clearly accused EFCC of interfering with the administration of justice and abuse of court process while dismissing all the corruption charges against the former governor”.

Last week, the Federal High Court in Abuja, presided over by Justice Chukwu had struck out similar charges against Sylva instituted by the same EFCC.

Buokoribo said: “All the multiple charges by EFCC against Sylva and his associates had a single aim: to persecute, intimidate, and harass him, and in so doing, destroy his political career.

“We are happy that at last, justice has been done in this matter. We are very much relieved that all the attempts by the administration of former President Goodluck Jonathan to keep Sylva away have failed.”

CULLED FROM THE NATION NEWSPAPER