Former Governor of Bayelsa State, Chief Timipre Sylva
By Tobi Soniyi
Justice A.R. Mohammed of the Federal High Court sitting in Abuja Thursday rejected an attempt by the Economic and Financial Crimes Commission (EFCC) to seize the properties allegedly belonging to the former Governor of Bayelsa State, Chief Timipre Sylva.
The court rejected the bid on the grounds that the request amounted to an abuse of court process.
In 2012, the commission had in an originating summons applied ex-parte for a temporary order of forfeiture of the properties.
But the court ordered the anti-graft agency to put the former governor on notice.
After taking the arguments of counsel to EFCC, John Anaeto, and Sylva’s counsel, Benson Ibezim, the court reserved its decision till Thursday.
Delivering his decision on EFCC’s request Thursday, Justice Mohammed held that it ran totally against the court process for the commission to bring about an action before him, which was related to a charge before a sister court for which the former governor was standing trial.
Specifically, even though EFCC had 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 another court, where it sought to take-over the same properties it listed in the charge preferred against the former governor in the criminal case.
While rejecting the claim by the anti-graft commission, Justice Mohammed held: “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 this year, when it was reported that EFCC had obtained an order of forfeiture of forty-eight properties allegedly 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 had been vindicated by the verdict of Justice Mohammed.
In the said statement, Ola said of the said forty-eight properties, only three belonged to his boss and noted that the said three were acquired by the former governor long before he became Governor of Bayelsa State.
The statement reads: “Our attention has been drawn to a statement purportedly issued by the EFCC announcing the seizure of a number of property alleged to be owned by Chief Timipre Sylva, the former Bayelsa State Governor.
“The claims by EFCC are completely misleading. Not surprising, this style is in line with EFCC’s known bully-boy tactics and media hysteria. The houses in question do not belong to Sylva.
“Sylva’s property are intact, and fully covered by the order validly issued by Justice M. Kolo of the Abuja High Court on December 27, 2012.”
Sylva had applied to the court for “an interim order of court for the service of the originating process on the respondent to serve as a stay of all actions in respect of the property – plot no 262, Cadastral Zone A02, Wuse 1, District, Abuja, plot 3192, located within Cadastral zone A06 Maitama District, Abuja, plot 232, Cadastral Zone A07,(No. 8 Mistrata Street; Wuse II, Abuja) – by the respondents, their agents, privies, representative or any other person deriving his/her authority from them; either by sealing off, confiscating, ejecting any person from the property, trespassing into the property or doing any other thing how ever so described relating to the said property pending the hearing and determination of the motion on notice.” This application was granted and hearing in the matter is fixed for January 4, 2013.
“Justice A. Mohammed never granted any temporary asset forfeiture order to EFCC on December 21, 2012. Rather he directed EFCC to put Sylva on notice and the substantive matter is fixed for January 10, 2013. EFCC as a creation of the law cannot be seen to be acting lawlessly and with impunity.”