THE Federal High Court sitting in Abuja, on Thursday, refused to grant
the request of the Economic and Financial Crimes Commission (EFCC),
seeking to seize 48 property allegedly belonging to former governor of
Bayelsa State, Timpriye Sylva, on ground that the request amounted to
an abuse of court process.
It
will be recalled that the anti-graft agency had, in December vide an
originating summons applied exparte for a temporary order of forfeiture
of the said 48 property, but Justice A. R. Mohammed, instead, while
granting the commission leave to sustain the action, ordered that the
commission put Sylva on notice.
After taking arguments of counsel
to the EFCC, John Anaeto and Sylva’s counsel, Benson Ibezim, the court
reserved its decision till July 11.
Delivering his ruling,
Justice Mohammed held that it ran totally against the court process for
the commission to bring about an action before him, which is related to a
charge before a sister court for which the former governor was standing
trial.
The EFCC had brought a criminal action against Sylva
at Court 3 of the same court presided over by Justice Adamu Bello,
however, the commission further proceeded with a civil action before in
Court 7, where it sought to takeover the same property it listed in the
charge preferred against the former governor in the criminal case.
Justice Mohammed held “it would appear that EFCC
is instituting a multiplicity of suit against the accused. This court
cannot allow any process that amount to an abuse and it is hereby
dismissed.”
On January 4, when it was reported that EFCC had
obtained an order of forfeiture of 48 property belonging to the former
governor, he quickly responded via a statement to clarify the position
through his media adviser, Mr Doifie Ola, who said the Abuja High Court
never granted any temporary asset forfeiture order to the EFCC, a claim
which has been vindicated by the verdict of Justice Mohammed.
In
the said statement, Ola said of the said 48 property, only three belong
to his boss and noted that the said three were acquired by the former
governor long before he became governor of Bayelsa State
Tribune
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