Fraud charges: Court decides Sylva’s fate Thursday

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A Federal High Court in Abuja has fixed Thursday (today) for its ruling on the preliminary objection filed by the All Progressives Congress governorship candidate in the forthcoming December 5 election, Timipre Sylva, and others, against the 50 counts of fraud charges instituted against them by the Economic and Financial Crimes Commission.

Apart from Sylva, who is a former governor of Bayelsa State, the other accused persons who also filed similar objection against the charges are Francis Okokuro, Gbenga Balogun, Samuel Ogbuku, Marlin Maritime Ltd, Eat Catering Services Ltd and Haloween-Blue Construction Logistics.

Justice Adeniyi Ademola had reserved ruling after hearing the applications on July 9, 2015.

It was learnt that the court issued hearing notice for the ruling earlier this week.

The EFCC had instituted fresh 50 counts of fraud charges against Sylva, shortly after another judge of the Federal High Court in Abuja, Justice Ahmed Mohammed, on June 10, 2015, dismissed N19.2bn charges against the former governor and his co-accused.

Nine days before Justice Mohammed’s ruling, the EFCC had withdrawn six counts of N2.45bn fraud charges instituted solely against the former governor before Justice Evoh Chukwu of the same Federal High Court in Abuja.

The anti-graft agency had, after the ruling by Justice Mohammed, incorporated the two earlier charges into the 50 counts and filed same before Justice Ademola.

Sylva’s lead counsel, Mr. Lateef Fagbemi (SAN), had on July 9, 2015 moved his client’s notice of preliminary objection, filed on July 2, 2015, challenging the fresh charges.

Counsel for the third and fourth defendants, Ochu Chukwuma and Olowo Ajayi, respectively, also adopted theirs.

The three accused persons, through their counsel, argued that the fresh 50 counts filed against them were exactly the ones that were not merely struck out by Justice Mohammed, but dismissed.

Chukwuma said, “The fresh charges were based on the same facts, the same event, the same investigation and circumstances. The third accused person, perhaps all the accused persons, cannot be tried any more based on those facts and circumstances.

“Also, the order of the court being that of dismissal, we submit that a case dismissed cannot be resuscitated.”

Source: Punch