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.
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.
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