N2b Fraud: Former Bayelsa Gov Asks Court To Quashed Charges
N2b Fraud: Former Bayelsa Gov Asks Court To Quashed Charges
Nnamdi Felix / Abuja
Embattled former of Bayelsa state, south-south Nigeria, on Tuesday commenced a legal process calculated to stop his trial before a federal high court siting in Abuja.
The former governor had been standing trial before the court on a six counts charge relating to an alleged N2 billion loan secured by the state under his time in office from Union Bank of Nigeria Plc purportedly for the augmentation of the salary of the state's civil servants.
He was alleged to have connived with some of his commissioners and state officials to convert the said sum into foreign currencies and frittered away. Mr. Sylva had pleaded not guilty to the charge.
The former governor's lawyers led by Mr. Lateef Fagbemi, a senior advocate of Nigeria while moving his application for the quashing of the charges brought against the former governor by the Economic and Financial Crimes Commission, EFCC, told the court that the charge as presently constituted is an abuse of court process which the court should not hesitate to dismiss.
He argued that there is no nexus between the charge, the proof of evidence attached to it and the former governor and posited that there is no basis for Sylva's trial on the face of the proof of evidence.
Fagbemi further contended that charge and the proof of evidence filed by the anti graft agency is defective and as such an abuse of the court's process and urged the court to dismiss the charge.
He told the court that section 36 of the constitution which made provisions for fair hearing had made adequate safeguards for an accused person's rights but that the charge fails to disclose any wrong doing by his client having not shown any connection between his client and the crimes allegedly committed.
On his part, the lawyer representing the anti graft agency, Mr. Festus Keyamo, argued that the purpose of a proof of evidence is simply to provide a general information about a crime that one had been alleged to have committed and does not preclude the prosecution from bringing further evidence in the course of the trial.
Relying on section 33 of the federal high court rules, Keyamo expressed the view that the proof of evidence is not exhaustive as the courhe prosecution wants is for the court is a court of summary jurisdiction. He also argued that all that all the prosecution is asking for is to be allowed, through trial, to show that the former governor committed the crime which the anti graft agency have accused him of.
Relying on the cases of another former governor of the state, Mr. DSP Alamiesiegha and that of former chairman of the Nigerian Ports Authority, NPA, both of whom were convicted on a criminal charge brought against them by the EFCC, Keyamo faulted Sylva's position that the alleged crimes were committed by his commissioners and not him personally.
He pointed out that statements of a former commissioner of finance in the state while Sylva was the governor of the state, one Dr. Sylva Opuala, as well as that of the then Accountant General of the state, Mr. Francis Okokuro, both of whom are standing trial on criminal charges at another court, revealed that they carried out the alleged fraudulent financial transactions under the instructions of the former governor.
In conclusion, Keyamo told the court that the interest of justice would best be served if the prosecution is allowed to lead evidence in proof of the charges in the course of trial.
The court, presided by Justice Adamu Bello, thereafter adjourned till Wednesday, 20th February for ruling.
Similarly, another case where the former governor is battling to repossess his seized properties resumed Tuesday before another federal high court also in Abuja, presided by Justice A.R Mohammed. Attempts by the EFCC to extend the live of the interim order granted by the court which empowered the agency to confiscate Sylva's properties in Abuja, was stoutly opposed by another team of lawyers representing the former governor and led by Mr. Ibezim.
Ibezim contended that the court made the order in error and upon a suppression of fact by the anti graft agency. He told the court that he had filed a motion challenging the competency of the suit.
He opposed EFCC's application which the agency brought seeking to enlarge the time frame of the temporary confiscation order which lifespan was 14 days which had now elapsed.
However, Keyamo pursuaded the court to extend the order so as to prevent the former governor from disposing the properties which will then become difficult to posses if the former governor is found guilty of the alleged financial crimes for which he is standing trial before the other court.
Another lawyer who filed papers of an interested party seeking to be joined in the property battle, Mr. Olowo, also opposed the move by the EFCC to extend the life of the elapsed order. His submissions were however not compelling since his client(s) are yet to be joined in the matter.
In resolving the issue, the judge noted that it was on the basis of that temporary confiscation order that they were all before the court and observed that without the order, the application brought by Sylva challenging the competency of the suit as well as the application for joinder brought by Mr. Olowo will not be heard.
The court went on to extend the life of the order till the next adjourned date so as to preserve the res of the suit while it directed Keyamo to put Mr. Olowo and Sylva's lawyers on notice for them to make contribution on the application for the extension of the life of the order as well to hear all the pending applications.
The court was subsequently adjourned till Thursday, 24th January.
Nnamdi Felix / Abuja
Embattled former of Bayelsa state, south-south Nigeria, on Tuesday commenced a legal process calculated to stop his trial before a federal high court siting in Abuja.
The former governor had been standing trial before the court on a six counts charge relating to an alleged N2 billion loan secured by the state under his time in office from Union Bank of Nigeria Plc purportedly for the augmentation of the salary of the state's civil servants.
He was alleged to have connived with some of his commissioners and state officials to convert the said sum into foreign currencies and frittered away. Mr. Sylva had pleaded not guilty to the charge.
The former governor's lawyers led by Mr. Lateef Fagbemi, a senior advocate of Nigeria while moving his application for the quashing of the charges brought against the former governor by the Economic and Financial Crimes Commission, EFCC, told the court that the charge as presently constituted is an abuse of court process which the court should not hesitate to dismiss.
He argued that there is no nexus between the charge, the proof of evidence attached to it and the former governor and posited that there is no basis for Sylva's trial on the face of the proof of evidence.
Fagbemi further contended that charge and the proof of evidence filed by the anti graft agency is defective and as such an abuse of the court's process and urged the court to dismiss the charge.
He told the court that section 36 of the constitution which made provisions for fair hearing had made adequate safeguards for an accused person's rights but that the charge fails to disclose any wrong doing by his client having not shown any connection between his client and the crimes allegedly committed.
On his part, the lawyer representing the anti graft agency, Mr. Festus Keyamo, argued that the purpose of a proof of evidence is simply to provide a general information about a crime that one had been alleged to have committed and does not preclude the prosecution from bringing further evidence in the course of the trial.
Relying on section 33 of the federal high court rules, Keyamo expressed the view that the proof of evidence is not exhaustive as the courhe prosecution wants is for the court is a court of summary jurisdiction. He also argued that all that all the prosecution is asking for is to be allowed, through trial, to show that the former governor committed the crime which the anti graft agency have accused him of.
Relying on the cases of another former governor of the state, Mr. DSP Alamiesiegha and that of former chairman of the Nigerian Ports Authority, NPA, both of whom were convicted on a criminal charge brought against them by the EFCC, Keyamo faulted Sylva's position that the alleged crimes were committed by his commissioners and not him personally.
He pointed out that statements of a former commissioner of finance in the state while Sylva was the governor of the state, one Dr. Sylva Opuala, as well as that of the then Accountant General of the state, Mr. Francis Okokuro, both of whom are standing trial on criminal charges at another court, revealed that they carried out the alleged fraudulent financial transactions under the instructions of the former governor.
In conclusion, Keyamo told the court that the interest of justice would best be served if the prosecution is allowed to lead evidence in proof of the charges in the course of trial.
The court, presided by Justice Adamu Bello, thereafter adjourned till Wednesday, 20th February for ruling.
Similarly, another case where the former governor is battling to repossess his seized properties resumed Tuesday before another federal high court also in Abuja, presided by Justice A.R Mohammed. Attempts by the EFCC to extend the live of the interim order granted by the court which empowered the agency to confiscate Sylva's properties in Abuja, was stoutly opposed by another team of lawyers representing the former governor and led by Mr. Ibezim.
Ibezim contended that the court made the order in error and upon a suppression of fact by the anti graft agency. He told the court that he had filed a motion challenging the competency of the suit.
He opposed EFCC's application which the agency brought seeking to enlarge the time frame of the temporary confiscation order which lifespan was 14 days which had now elapsed.
However, Keyamo pursuaded the court to extend the order so as to prevent the former governor from disposing the properties which will then become difficult to posses if the former governor is found guilty of the alleged financial crimes for which he is standing trial before the other court.
Another lawyer who filed papers of an interested party seeking to be joined in the property battle, Mr. Olowo, also opposed the move by the EFCC to extend the life of the elapsed order. His submissions were however not compelling since his client(s) are yet to be joined in the matter.
In resolving the issue, the judge noted that it was on the basis of that temporary confiscation order that they were all before the court and observed that without the order, the application brought by Sylva challenging the competency of the suit as well as the application for joinder brought by Mr. Olowo will not be heard.
The court went on to extend the life of the order till the next adjourned date so as to preserve the res of the suit while it directed Keyamo to put Mr. Olowo and Sylva's lawyers on notice for them to make contribution on the application for the extension of the life of the order as well to hear all the pending applications.
The court was subsequently adjourned till Thursday, 24th January.
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