THE Economic and Financial Crimes Commission (EFCC) was told on Thursday by a Federal High Court, Abuja that it has no right to seize 48 property belonging to former Bayelsa State governor, Timi Sylva.
Justice A.R. Mohammed said if the request was granted, it would amount to an abuse of court process.
In 2012, the commission had in originating summons applied exparte for a temporary order of forfeiture of the property.
The court ordered the anti-graft agency to put the former governor on notice.
After taking arguments of counsel for EFCC, John Anaeto and Sylva’s counsel, Benson Ibezim, the court reserved its decision till July 11, 2013.
Delivering his decision on EFCC’s request on Thursday, Justice Mohammed maintained that it ran totally against the court process for the commission to bring about an action before him, which is related to a charge before a sister court for which the former governor is standing trial.
Specifically, even though EFCC has brought a criminal action against Sylva at Court 3 of the Federal High Court, Abuja Division presided over by Justice Adamu Bello, the commission proceeded with a civil action before him in Court 7, whereof it sought to take over the same properties it listed in the charge preferred against the former governor in the criminal case.
Justice Mohammed said: “It would appear that EFCC is instituting a multiplicity of suit against the accused. This court cannot allow any process that amount to an abuse and it is hereby dismissed.”
On January 4, 2013 when it was reported that EFCC had obtained an order of forfeiture of 48 property belonging to the former governor, he quickly responded vide a statement to clarify the position through his media adviser, Mr. Doifie Ola, who said the Abuja High Court never granted any temporary asset forfeiture order to the EFCC, a claim which has been vindicated by the verdict of Justice Mohammed.
