BEVERLY HILLS, June 01, (THEWILL) – Temporary relief came the way of former Bayelsa State governor, Mr. Timipre Sylva , Monday, as the N2.45billion fraud charges instituted against him by the Economic and Financial Crime Commission (EFCC) at a Federal High Court in Abuja were dropped by the Director of Public Prosecutions of the Federal Ministry of Justice, Mr. M.S Diri .
He had been arraigned before Justice Evoh Chukwu of the Federal High Court Abuja on May 18, 2015.
In dropping the charges however, Diri, among others, based his action on the fact that a similar charge was pending against the embattled governor before Justice Ahmed Mohammed of the same Federal High Court in Abuja.
Sylva, who was accused of offences, including conversion of various sums of money belonging to Bayelsa State with the aim of concealing their illicit origin, was also accused of knowing the illegal sources of the money and allegedly converted the funds through the bank accounts of a Bureau de Change operator, a company and other individuals in order to conceal their illicit origin.
In the originating summons, Sylva was also accused of inducing Union Bank Plc. to fraudulently grant him a N2bn overdraft facility under the pretext of using the money to augment workers’ salary, an offence he allegedly committed the offences in conspiracy with other unnamed persons said to be at large.
When the case came up on Monday, a little drama played out as the EFCC, represented by its Assistant Director, Legal and Prosecution, Mr. J.O Ojogbane, declared that it was not part of the decision to withdraw the charges.
Recall that Festus Keyamo, who was initially prosecuting the case, withdrew last week following which the case was handed over to the DPP after which the case was handed over to another private lawyer, O.J. Nnadi, SAN, to prosecute.
Nnadi, had during the Monday’s proceedings tendered to the court the fiat given to him by EFCC to withdraw the suit as he urged the court to strike out the case.
According to Nnadi, “We are ready for trial, but following the instruction this morning, EFCC directed that this charge be withdrawn.
“I received instruction from Ojogbane that this charge against the defendant be withdrawn. We urge this court to strike out the charge.”
However, Ojogbane, who appeared together with Nnadi and other lawyers for the prosecution, expressed surprise over the claim that the EFCC had given the order for the withdrawal of the case.
According to the EFCC lawyer , “I’m a little bit surprised by the submission of the learned silk (Nnadi).
“The instruction from my own director, legal and prosecution of the EFCC, Mr. Chime Okoroma, is for me to appear with the DPP of the Federation whom he said would be coming to court this morning to withdraw this charge on behalf of the Attorney General of the Federation.
“When I got to the court this morning I did not see him (DPP) but I saw the name of the learned silk on the cause list. I approached him and he confirmed to me that he had been briefed by the office of the AGF.
“He (Nnadi) told me he has the fiat of the AGF which is already admitted as exhibit in this court.
“He (Nnadi) put a call through to the DPP of the Federation whom I had the privilege of speaking with on the learned silk’s phone and he told me that the learned silk was going to withdraw the charge.
“It is not correct to say that EFCC asked him to withdraw the charge. EFCC did not instruct me to come and withdraw the charge.”
Ojogbane said the DPP gave the instruction for the withdrawal of the the case because Sylva had similar charges pending against him at the same time.
Ojogbane said: “I can confirm that this charge is to be withdrawn this morning by the office of the DPP and the reason given was that there are two similar matters against the accused person in this court – one before your lordship and another one beofre Justice A.R Mohammed which has progressed more than the one before your lordship.”
Sylva’s lawyer, Mr. Israel Olorundare, SAN, did not oppose the application for the withdrawal of the suit. He also urged the court to strike it out as prayed by the prosecution but also urged the court to order the release of his client’s passport which had been in the custody of the court since he was first arraigned in 2012.
He went further to urge the court to restrain the EFCC from arresting Sylva based on the charges that were withdrawn.
Nnadi did not oppose the release of Sylva’s passport to him, as he said the court could not possibly give any order in anticipation of his arrest.
Ruling on the matter, Justice Chukwu therefore struck out the case as he held that the Attorney-General of the Federation possessed the power under the constitution to delegate his power to issue a fiat as it was done in the case.
He also ordered that Sylva’s passport be released to him with the striking out of his case before the court.
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