Ex Governor Sylva Moves To Stop His Trial
Ex-governor Sylva moves to stop trial
Published on Tuesday, 20th November, 2012 by pmnews
Nnamdi Felix / Abuja
Former Bayelsa state governor, Chief Timipre Sylva on Tuesday mounted a legal campaign to stall his trial before a Federal High Court sitting in Abuja where he is standing trial on a six count charge involving the sum of N2.5 billion.
The scheduled trial was foiled as the former governor’s lawyers remanded the court that they had a pending application seeking to quash all counts of the charge brought against Sylva by the Economic and Financial Crimes Commission, EFCC.
The lawyers led by Prince Lateef Fagbemi, a senior advocate of Nigeria, reminded the court that the record of the court shows that their application to quash the charge against the former governor was earlier fixed for hearing last September but that it was never heard as the court did not seat that day. The matter was thereafter adjourned for today for their application to be taken.
The court however erroneously fixed the matter for trial when the pending motion had not yet been heard.
The court confirmed the true position of the matter and adjourned till 15 January, 2013 to enable the anti graft agency represented by Mr. Festus Keyamo, to respond to the application.
The EFCC alleged that Sylva connived with undisclosed persons said to be at large to defrauding the state of the sum of N2.5 billion while he was at the helm of affairs in the state.
The charge reads: That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, sometime between October, 2009 and February, 2010, at various places in Nigeria, including Abuja, within the jurisdiction of the Federal High Court did conspire to commit a crime to wit: conversion of properties and resources amounting to N2,000,000,000.00 (Two Billion Naira) belonging to Bayelsa State Government and derived from an illegal act, with the aim of concealing the illicit origin of the said amount and you thereby committed an offence contrary to Section 17(a) of the Money Laundering (Prohibition Act), 2004 and punishable under Section 14(1) of the same Act.
The former Governor was also alleged to have converted the sum of N380,000,000.00 (Three Hundred and Eighty Million Naira), property of the Bayelsa State Government, through the account of one Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in Fin Bank, Plc, which sum he knew, represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act thereby committing an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.
Count 3: That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 5th of February, 2010, at Abuja, within the jurisdiction of the Federal High Court, converted the sum of N50,000,000.00 (Fifty Million Naira), property of the Bayelsa State Government, through the account of one Enson Benmer Limited with Account No. 6152030001946, in First Bank, Plc, which sum you knew represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act and you thereby committed an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.
The former governor was also alleged to have converted the sum of N20,000,000.00 (Twenty Million Naira), property of the Bayelsa State Government, through the account of one John Daukoru with Account No. 04800250000418, in United Bank for Africa, Plc, and also conspired to commit a crime to wit: inducing Union Bank, Plc, with the intent to defraud, to deliver to Bayelsa State Government the sum of N2,000,000,000.00 (Two Billion Naira), under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004.
The last count of the charge accused Sylva of conniving with others now at large, at various places in Nigeria, including Abuja, induced Union Bank, Plc, with the intent to defraud, to grant an overdraft facility of the sum of N2,000,000,000.00 (Two Billion Naira) to the Bayelsa State Government under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004 and punishable under section 1(3) of the same Act.
Published on Tuesday, 20th November, 2012 by pmnews
Nnamdi Felix / Abuja
Former Bayelsa state governor, Chief Timipre Sylva on Tuesday mounted a legal campaign to stall his trial before a Federal High Court sitting in Abuja where he is standing trial on a six count charge involving the sum of N2.5 billion.
The scheduled trial was foiled as the former governor’s lawyers remanded the court that they had a pending application seeking to quash all counts of the charge brought against Sylva by the Economic and Financial Crimes Commission, EFCC.
The lawyers led by Prince Lateef Fagbemi, a senior advocate of Nigeria, reminded the court that the record of the court shows that their application to quash the charge against the former governor was earlier fixed for hearing last September but that it was never heard as the court did not seat that day. The matter was thereafter adjourned for today for their application to be taken.
The court however erroneously fixed the matter for trial when the pending motion had not yet been heard.
The court confirmed the true position of the matter and adjourned till 15 January, 2013 to enable the anti graft agency represented by Mr. Festus Keyamo, to respond to the application.
The EFCC alleged that Sylva connived with undisclosed persons said to be at large to defrauding the state of the sum of N2.5 billion while he was at the helm of affairs in the state.
The charge reads: That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, sometime between October, 2009 and February, 2010, at various places in Nigeria, including Abuja, within the jurisdiction of the Federal High Court did conspire to commit a crime to wit: conversion of properties and resources amounting to N2,000,000,000.00 (Two Billion Naira) belonging to Bayelsa State Government and derived from an illegal act, with the aim of concealing the illicit origin of the said amount and you thereby committed an offence contrary to Section 17(a) of the Money Laundering (Prohibition Act), 2004 and punishable under Section 14(1) of the same Act.
The former Governor was also alleged to have converted the sum of N380,000,000.00 (Three Hundred and Eighty Million Naira), property of the Bayelsa State Government, through the account of one Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in Fin Bank, Plc, which sum he knew, represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act thereby committing an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.
Count 3: That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 5th of February, 2010, at Abuja, within the jurisdiction of the Federal High Court, converted the sum of N50,000,000.00 (Fifty Million Naira), property of the Bayelsa State Government, through the account of one Enson Benmer Limited with Account No. 6152030001946, in First Bank, Plc, which sum you knew represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act and you thereby committed an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.
The former governor was also alleged to have converted the sum of N20,000,000.00 (Twenty Million Naira), property of the Bayelsa State Government, through the account of one John Daukoru with Account No. 04800250000418, in United Bank for Africa, Plc, and also conspired to commit a crime to wit: inducing Union Bank, Plc, with the intent to defraud, to deliver to Bayelsa State Government the sum of N2,000,000,000.00 (Two Billion Naira), under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004.
The last count of the charge accused Sylva of conniving with others now at large, at various places in Nigeria, including Abuja, induced Union Bank, Plc, with the intent to defraud, to grant an overdraft facility of the sum of N2,000,000,000.00 (Two Billion Naira) to the Bayelsa State Government under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004 and punishable under section 1(3) of the same Act.
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