FG withdraws N2.45bn fraud suit against Sylva, EFCC kicks

The Director of Public Prosecutions
of the Federal Ministry of Justice, Mr.
M.S. Diri, on Monday withdrew the
N2.45bn fraud charges instituted
against a former governor of
Bayelsa State, Mr. Timipre Sylva.
The Economic and Financial Crimes
Commission had on May 18, 2015 re-
arraigned Sylva on six counts of
fraud before Justice Evoh Chukwu of
a Federal High Court in Abuja.
But the EFCC, represented by its
Assistant Director, Legal and
Prosecution, Mr. J.O Ojogbane, said
the anti-graft agency was not part
of the decision to withdraw the
charges.
Following the withdrawal of the
former prosecuting counsel, Mr.
Festus Keyamo, from the case on
May 25, 2015, it was handed over to
the DPP.
But instead of the DPP appearing in
court on Monday for the
commencement of trial, he issued a
fiat to a private lawyer, O.J Nnadi
(SAN), to continue prosecuting the
case.
Nnadi, during the Monday’s
proceedings tendered the freshly
issued fiat before the court and told
the judge that the EFCC had
instructed him to withdraw the
suit.
He then urged the court to strike
out the case.
He said, “We are ready for trial, but
following the instruction this
morning (Monday 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withdrawn.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the defendant be withdrawn.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.”
But Ojogbane who appeared
together with Nnadi and other
lawyers for the prosecution,
expressed surprise over the team
leader’s claim that the EFCC gave
the instruction for the withdrawal
of the case.
The EFCC lawyer said, “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 who 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 case 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 telephone 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 explained that the
reason given by the DPP for
withdrawing the case was that
Sylva had similar charges pending
against him before Justice Ahmed
Mohammed of the same Federal
High Court in Abuja.
He 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 before 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 urged the court to strike it out
as prayed by the prosecution but
he 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.
Olorundare also urged the court to
restrain the EFCC from arresting
Sylva based on the charges that
were withdrawn.
While Nnadi did not oppose the
release of Sylva’s passport to him,
the lawyer said the court could not
possibly give any order in
anticipation of his arrest.
Justice Chukwu in his ruling 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.
The judge also ordered that Sylva’s
passport be released to him with
the striking out of his case before
the court.
The EFCC had on May 18, 2015 re-
arraigned Sylva for the offences he
allegedly committed between
October 2009 and February 2010 as
governor of Bayelsa State.

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Good

Good