Alleged N6.5bn fraud: Sylva docked, remanded in EFCC custody

By Ikechukwu Nnochiri
ABUJA — Trial of the former
governor of Bayelsa State, Mr
Timipre Sylva, who is facing
corruption charges preferred
against him by the Economic
and Financial Crimes
Commission, EFCC, kicked off
on a dramatic note,
yesterday, as a Federal High
Court in Abuja ordered his
remand in prison custody.
However, the order was
reversed barely two minutes
after it was made yesterday,
with presiding Justice Adamu
Bello directing the EFCC to
keep the accused person in its
custody till tomorrow when
the merit of his application for
bail would be determined.

Former Bayelsa State
Governor, Timipriye Sylver
sandwiched by Economic and
Financial Crimes Commission
officials after his case was
adjourned by to June 7th at
the Federal High Court, CBD,
Abuja. Photo by Abayomi
Adeshida 05/06/2012
Shortly after, Sylva who was
docked at exactly 11:20 a.m,
pleaded not guilty to the six-
count criminal charge entered
against him by the anti-graft
agency, his counsel, Chief
Lateef Fagbemi, SAN, begged
the court to either grant him
bail on self recognition or on
liberal terms.
Bail application
Moving the bail application
dated May 27, Fagbemi
pleaded the court to take
cognizance of the fact that
the accused appeared for trial
yesterday on his own volition.
He said: “My lord, I wish to
stress the point that the
offences for which the
accused is standing trial are
bailable offences. Secondly,
the accused person, on his
own volition, came to court to
answer to the charge
preferred against him. He has
never been declared wanted,
at least, there is no such
evidence before this court.
“The main purpose of bail is to
ensure the attendance of the
accused person at the trial.
My lord, enough facts and
reasons have been adduced
to warrant your lordship to
grant the application for bail.
“We further urge your
lordship to take into
consideration the exaltation
of the Supreme Court on the
issue of bail and presumption
of the accused persons’
constitutional right to
innocence until his culpability is
proved no matter the
insinuation outside or the
blackmail. My lord should
consider the Supreme Court
ruling in the case of Saidu Vs
State, 1982, 13 NNSC, page
70, particularly at page 82,
delivered by Justice Obaseki,
JSC.
“Until proved guilty under
appropriate laws of the land,
the accused has right to walk
the street, breathe Nigerian
air and walk free like every
other innocent man. This is
why I urge my lord to make
the condition for his bail
liberal.
“He should be released on self
recognition as former
governor of Bayelsa State
and the fact that he willingly
submitted himself for trial.”
The said bail application was
supported by an affidavit of
12 paragraphs sworn to by
one Akeem Umoru.
EFCC opposes bail
application
However, the EFCC, in a 16-
paragraph counter-affidavit
deposed to by one Seyi
Bakare on May 25, opposed
the bail request, saying it
previously found it very
difficult to trace the
whereabouts of the accused
person who it said vanished
into thin air immediately the
charge was filed.
According to EFCC lawyer, Mr
Festus Keyamo, “this court
has absolute discretion to
either grant or refuse bail,
but we urge the court to
consider in this particular
case, the efforts we
expended to bring the
accused person to court. This
court has judicial notice of
that fact.
“An accused person who has
shown propensity to bolt
away at the slightest threat
of the long arms of the law
around him cannot be trusted
to present himself for trial.
“That the offence is bailable is
not sufficient reason to grant
bail, it is the availability of the
accused person to face his
trial that is more important.
My lord, if evidence is strong
and direct, the Supreme Court
said trial courts should be
very weary in granting bail.
“We ask the court to deny
the bail application and
remand the accused person.
We are ready to commence
trial.”
The prosecuting counsel
further maintained that the
only reason it did not charge
Sylva to court while he was
still in office was owing to the
immunity clause, stressing
that the same High Court had
earlier okayed three of his
former principal aides for
prosecution over the same
charge upon which he was
docked yesterday.
Contending that the case
against the accused person is
weighty, EFCC prayed the trial
court to allow him to remain in
custody pending the
determination of the
substantive suit.
After listening to arguments
from both sides, trial Justice
Bello ordered that the
accused be remanded in Prison
custody.
Before the judge could land on
his ruling, Sylva’s lawyer,
Fagbemi, sprang to his feet
and implored the court to
vary the order and allow his
client to be kept in the
custody of the EFCC.
Sequel to a no objection
stance by EFCC lawyer, Justice
Adamu conceded to the
request, adding that Sylva
should be granted access to
his lawyers.
Vanguard gathered that aside
bank officials and Bureau de
Change operators that
allegedly helped the accused
to launder funds from the
Bayelsa State treasury, eight
of his former aides had
already volunteered to testify
in court as prosecution
witnesses.
EFCC had in a charge it filed
on February 24, alleged that
the erstwhile governor
pilfered about N6.5 billion from
the Bayelsa State treasury
while he was in power.
The anti-graft agency
maintained that the said fraud
was perfected between
October 2009 and February
2010.
EFCC alleged that the accused
person looted public funds
under false pretence of using
the monies to augment
salaries of the Bayelsa State
government, just as it
identified three persons
whose Bank accounts it said
was used as conduits pipes for
transfer of the illicit funds.
Names of the said accomplices
were given as Habibu Sani
Maigidia, a Bureau De Change
Operator with Account No.
221433478108, in Fin Bank,
Plc, Enson Benmer Limited with
Account No. 6152030001946, in
First Bank, Plc and one John
Daukoru with Account No.
04800250000418, in United
Bank for Africa Plc.
Though EFCC secured an order
of the court to paste the
charge at the Abuja residence
of the ex-governor after his
whereabouts could not be
ascertained, however, denying
allegation that he was on the
run, Sylva, through his media
aide, Mr Doifie Ola, issued a
statement on April 11,
expressing his readiness to
stand trial.
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,” he added.
The six count charge upon
which he was remanded
yesterday 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