Ex-governor Sylva fails to repossess homes
Ex-governor Sylva fails to repossess homes
By Nnamdi Felix / Abuja
Published on Friday, 4th January, 2013 by pmnews
Former governor of Nigeria’s Bayelsa state, Mr. Timipre Sylva whose 48 landed properties in Abuja were confiscated on Thursday by the Economic and Financial Crimes Commission, EFCC, approached an Abuja High Court on Friday seeking to enforce an order earlier granted by the court restraining the anti graft agency from taking possession of the properties.
The effort was however futile as the EFCC vehemently opposed any move by the court to enforce the order which the agency claimed it ought not to have granted in the first place.
Mr. Oghenovo Otemu who represented the EFCC in the matter told the court that the earlier restraining order which it granted was later in time after a Federal High Court, also in Abuja, had given the anti graft agency the permission to confiscate the former governor’s landed properties in Abuja which is believed to have been acquired with money stolen while at the helm of affairs at Bayelsa state.
Brandishing a copy of the Federal High Court which empowered the EFCC to seize the former governor’s 48 landed properties made on the 21 of December, 2012, Otemu contended that the Abuja High Court’s restraining order against the EFCC issued on 27th December, was fraudulently secured by the former governor after he was served with the order permitting the confiscation of his properties. He argued that the court had to set aside the later order so as not to bring the judiciary to ridicule because of the two conflicting orders.
Sylva’s lawyer, Mr. Benson Edoziem faulted the position of the EFCC and argued that the earlier order of the Federal High Court was never served on his client and challenged the EFCC to show proof of service of the said order. He told he court to give effect to the restraining order it granted restraining the anti graft agency from taking possession of his clients properties.
Mr. Edoziem further informed he court that the EFCC had written to all the occupants of Mr. Silva’s properties directing them to vacate the premises, an action he considered to be in further breach of the court’s orders. He pleaded with the court to stop the anti graft agency from further interference in his client’s properties.
On his part, the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) represented by Mr. B.A Saheed, told the court that he has filed a Preliminary Objection challenging the jurisdiction of the court to entertain the suit.
He contended that the subject matter of the suit before the court was similar in every material respect with that of the earlier suit pending at the Federal High Court and urged the court to decline jurisdiction in the matter.
The presiding judge, Justice M.M Kolo, after hearing the heated arguments from the lawyers held that he could not vacate the order as requested by the EFCC noting that he was not aware of any pending order of the Federal High Court before granting the restraining order, he however decided to remit the case file back to the Chief Judge for re assignment to a regular court as the court’s vacation ended today.
The former governor’s properties which the EFCC seized on Thursday include a mansion at 3 River Niger Street, plot 3192 Cadastral zone AO, Maitama District Abuja; 9 units (comprising six one bedroom and 3 two bedroom apartments) at 8 Sefadu Street Wuse zone 2, plot 262 Cadastral zone AO2, Wuse Abuja; 2 units duplexes at 5 Oguta Street, plot 906 Cadastral zone Wuse 11 Abuja.
Others are a duplex at Plot 1271 Nike Street Cadastral zone AO5, Maitama District Abuja; a duplex at Phase 1 Unit No. 1 (Villa 1) Palm Springs Gold Estate, Cachez Turkey Projects Limited, Mpape, Abuja; 10 units of one room apartments at 8 Mistrata Street plot 232 Cadastral zone Wuse 11 Abuja; 5 units duplexes at Plot No 1070 Dakibiyu District Cadastral zone B10, Abuja; 16 units service apartments at Plot 1181 Thaba Tseka Crescent, Off IBB Way, Wuse 11, Abuja and 3 units of three bedroom flats at No. 1 Mubi Close, Plot 766. Cadastral Zone A01, Garki, Abuja .
Hearing in the suit before the Federal High Court comes up on January 10.
By Nnamdi Felix / Abuja
Published on Friday, 4th January, 2013 by pmnews
Former governor of Nigeria’s Bayelsa state, Mr. Timipre Sylva whose 48 landed properties in Abuja were confiscated on Thursday by the Economic and Financial Crimes Commission, EFCC, approached an Abuja High Court on Friday seeking to enforce an order earlier granted by the court restraining the anti graft agency from taking possession of the properties.
The effort was however futile as the EFCC vehemently opposed any move by the court to enforce the order which the agency claimed it ought not to have granted in the first place.
Mr. Oghenovo Otemu who represented the EFCC in the matter told the court that the earlier restraining order which it granted was later in time after a Federal High Court, also in Abuja, had given the anti graft agency the permission to confiscate the former governor’s landed properties in Abuja which is believed to have been acquired with money stolen while at the helm of affairs at Bayelsa state.
Brandishing a copy of the Federal High Court which empowered the EFCC to seize the former governor’s 48 landed properties made on the 21 of December, 2012, Otemu contended that the Abuja High Court’s restraining order against the EFCC issued on 27th December, was fraudulently secured by the former governor after he was served with the order permitting the confiscation of his properties. He argued that the court had to set aside the later order so as not to bring the judiciary to ridicule because of the two conflicting orders.
Sylva’s lawyer, Mr. Benson Edoziem faulted the position of the EFCC and argued that the earlier order of the Federal High Court was never served on his client and challenged the EFCC to show proof of service of the said order. He told he court to give effect to the restraining order it granted restraining the anti graft agency from taking possession of his clients properties.
Mr. Edoziem further informed he court that the EFCC had written to all the occupants of Mr. Silva’s properties directing them to vacate the premises, an action he considered to be in further breach of the court’s orders. He pleaded with the court to stop the anti graft agency from further interference in his client’s properties.
On his part, the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) represented by Mr. B.A Saheed, told the court that he has filed a Preliminary Objection challenging the jurisdiction of the court to entertain the suit.
He contended that the subject matter of the suit before the court was similar in every material respect with that of the earlier suit pending at the Federal High Court and urged the court to decline jurisdiction in the matter.
The presiding judge, Justice M.M Kolo, after hearing the heated arguments from the lawyers held that he could not vacate the order as requested by the EFCC noting that he was not aware of any pending order of the Federal High Court before granting the restraining order, he however decided to remit the case file back to the Chief Judge for re assignment to a regular court as the court’s vacation ended today.
The former governor’s properties which the EFCC seized on Thursday include a mansion at 3 River Niger Street, plot 3192 Cadastral zone AO, Maitama District Abuja; 9 units (comprising six one bedroom and 3 two bedroom apartments) at 8 Sefadu Street Wuse zone 2, plot 262 Cadastral zone AO2, Wuse Abuja; 2 units duplexes at 5 Oguta Street, plot 906 Cadastral zone Wuse 11 Abuja.
Others are a duplex at Plot 1271 Nike Street Cadastral zone AO5, Maitama District Abuja; a duplex at Phase 1 Unit No. 1 (Villa 1) Palm Springs Gold Estate, Cachez Turkey Projects Limited, Mpape, Abuja; 10 units of one room apartments at 8 Mistrata Street plot 232 Cadastral zone Wuse 11 Abuja; 5 units duplexes at Plot No 1070 Dakibiyu District Cadastral zone B10, Abuja; 16 units service apartments at Plot 1181 Thaba Tseka Crescent, Off IBB Way, Wuse 11, Abuja and 3 units of three bedroom flats at No. 1 Mubi Close, Plot 766. Cadastral Zone A01, Garki, Abuja .
Hearing in the suit before the Federal High Court comes up on January 10.
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