By Ikechukwu Nnochiri
ABUJA — The embattled former governor of Bayelsa State, Timipre Sylva, will tomorrow, appear before the Abuja Division of the Federal High Court to answer to a six-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC.
The anti-graft agency had in a suit it entered before the court on February 24, accused the ex-governor of pilfering about N6.5 billion from the state treasury while he was in office, saying the said fraud was perfected between October 2009 and February 2010.
Following allegation that the erstwhile governor deliberately thwarted efforts to serve him with a copy of the charge against him, the trial court presided by Justice Adamu Bello, on April 2, granted EFCC leave to paste the court processes at the front gate of his house in Abuja.
Besides, the court ordered the accused person to appear before it tomorrow or risk being declared wanted.
While granting an ex-parte application filed by the prosecuting counsel, Mr Festus Keyamo, Justice Bello directed that a copy of the charge be pasted at 3. River Niger Street, Maitama District, Abuja, which EFCC identified as the choice abode of the governor who it said was on the run.
Mr. Oghenovo Otemu who moved the application for substituted service, lamented that spirited efforts by the agency to trace the whereabouts of the former governor with a view to furnishing him with the charge against him, proved herculean.
He told the court that since January 27 when the accused person was ousted from office by the Supreme Court, he literally vanished into thin air with his close associates denouncing knowledge of his location.
Sylva not on the run—Aide
Meantime, the former governor has expressed his readiness to appear before the trial court, even as he debunked allegation that he was on the run.
Sylva, who made the declaration through a statement issued by his media aide, Mr Doifie Ola, on April 11, said he had remained a private citizen since his removal from office by the apex court, and as such, had the right to move freely wherever he wishes.
According to the statement, "with respect to insinuations in sections of the media on the whereabouts of Chief Timipre Sylva, especially since the Abuja High Court granted the Economic and Financial Crimes Commission (EFCC) leave to paste its summons on the gate of his Abuja residence, we wish to clarify that Sylva is not on the run.
"He is not a fugitive from justice. Since January 27 when the Supreme Court removed him as Governor of Bayelsa State, Sylva has been a private citizen. As a private citizen, he has the right to move freely to wherever he wishes. It is surprising how his whereabouts had become a subject of conjecture and controversy.
"Sylva is a firm believer in the law and has been at the forefront of efforts to etch respect for law, rules and regulations on the national conscience.
"To set the record straight, Sylva has decided to keep a low profile because he does not want his security to be compromised. The whole world has been living witness to the brazen disrespect for our laws which those charged with the maintenance of law and order in the land have exhibited since the outbreak of their riotous governorship adventure in Bayelsa State. If those we all should rely on for our security could so blatantly run riot on our laws and liberties, it is not hard to determine the extent they can go against the one they have openly declared the target of all their illicit manoeuvres in the state.
"The charges brought against Sylva by EFCC are not new. They are charges for which some former and serving officials of the Bayelsa State Government have already been standing trial since April 2010.
"What the EFCC has done is to simply add Sylva's name. Specifically, the suit brought against Sylva by the EFCC involves N2.45 billion Bayelsa State funds, not N6.450 billion as a section of the media has reported. This is because charges one, five and six refer to the same money. This is government money used for government business. Since 2010 when the matter went to court, no evidence has been produced by the prosecution to support the claim of money laundering and other financial crimes against any of the defendants.
"The last time we checked, no agency of the law has extended any invitation to Sylva, which he did not honour. As far as we know, he has not been declared wanted by any authority, local or international.
"Sylva is a believer and advocate of the rule of law. He is, as usual, undaunted and will face the current onslaught squarely. Sylva will take the necessary legal steps to discharge the present canards. We are happy that the Abuja High Court has fixed May 8, 2012 for Sylva to have his day in court. Our laws are clear that any accused person is innocent until proved guilty."
Basically, the charge the ex-governor 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.
"That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 22nd of January, 2010, at Abuja, within the jurisdiction of the Federal High Court, 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 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.
"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.
"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 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, 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.
"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: 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.
"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 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."
Vanguard Nigeria