JULY 12, 2013
Former governor of Bayelsa State, Timipre Sylva
An Abuja Federal High Court on Thursday rejected moves by the Economic and Financial Crimes Commission to seize 48 property allegedly belonging to former Bayelsa State Governor, Chief Timipre Sylva.
The court held that the request amounted to an abuse of court process as the former governor was being prosecuted over a related charge in a sister court.
In December 2012, the EFCC had, through an ex parte motion, applied for a temporary order of forfeiture of the 48 property.
The court, presided over by Justice A. R. Mohammed, granted the EFCC leave to sustain the action but also ordered the anti-graft agency to put Sylva on notice.
After listening to the submissions of EFCC counsel, John Anaeto, and Sylva’s lawyer, Benson Ibezim, the court reserved its decision till Thursday, July 11, 2013.
Justice Mohammed held that it was an abuse of the court process for the EFCC to bring an action before him which is related to a charge before a sister court for which Sylva is currently standing trial.
He therefore refused to extend the temporary order granted the EFCC to seize the 48 property.
The EFCC had filed criminal charges bordering on money laundering against Sylva at Court 3 of the Abuja Federal High Court, which is presided over by Justice Adamu Bello, and the property which the commission sought to take over in the civil action it brought against him in Justice Mohammed’s court are related to the criminal case.
Justice Mohammed said, “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.”
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