An Abuja Federal High Court on Wednesday dismissed a 42-count charge suit brought against former Bayelsa State governor, Timipre Sylva, over a N19.2 billion fraud by the Economic and Financial Crimes Commission (EFCC).
The EFCC had joined Sylva, Francis Okokuro, Gbenga Balogun, Samuel Ogbuku, Marlyn Maritime Ltd, Eat Catering Services Ltd and Haloween Blue Construction and Logistics Ltd as co-defendants in the suit.
Delivering ruling on the matter, the trial judge, Justice Ahmed Mohammed, dismissed the suit on the ground that the prosecution breached court process in its case against Sylva and the co-accused.
Mohammed held that the prosecution had filed a similar suit against the accused before Justice Evoh Chukwu at the Federal High Court, Abuja, which breached court process.
He said that while the suit before him was ready for ruling and having heard the submission of parties’ counsel, the prosecution hurriedly went to withdraw the suit before Justice Chukwu.
Chukwu had struck out the suit before him.
The judge said that the prosecution again rushed to his court, in clear breach of court process, seeking to consolidate the two suits in his court.
According to him, it is the duty of the court to protect the judiciary from abuse of process as exemplified in the prosecution’s handling of the case.
“The charges against the accused persons are struck out and the suit is hereby dismissed accordingly,’’ he said.
Sylva and the co-accused were arraigned on offences bordering on money laundering, conspiracy and stealing of money belonging to the Bayelsa Government when Sylva was governor.
Sylva was also accused of fraudulently conniving with the co-accused to move N19.2 billion from the treasury of Bayelsa State government between 2009 and 2012, under false pretense of using the withdrawn money to augment salaries of the state workers.
A fresh application filed by the EFCC however, stalled ruling on Monday on two pending applications in the suit.
Justice Mohammed said the EFCC’s lawyer’s letter stated that the DPP withdrew prosecution in Justice Chukwu’s court in order to consolidate the charge with the pending charge before him.
At Monday’s sitting, meant for ruling, EFCC’s counsel, Rotimi Jacobs (SAN), brought an application to the effect that it had withdrawn the suit marked FHC/CR/23/2012, FRN v Sylva before Chukwu and was struck out.
Jacobs stated that the DPP withdrew prosecution in Justice Chukwu’s court in order to consolidate the charge with the pending charge before Justice Mohammed.
Sylva’s counsel, Chief Lateef Fagbemi (SAN), had in reaction to the EFCC’s application, argued that the charge before Justice Mohammed was filed later and the EFCC action therefore, constituted an abuse of court process.
Fagbemi had contended that the suit against his client before Justice Chukwu was withdrawn to give way for the one pending before Justice Mohammed.
He, therefore, filed a counter-affidavit of facts against the EFCC’s affidavit, urging the court to quash the charges.
“There is nothing linking the 1st accused person (Sylva) to the charges,” Fagbemi had argued.
