Court rejects EFCC’s bid to seize Sylva’s property 58 minutes ago REPRIEVE came the way of the former governor of Bayelsa State, Timipre Sylva, as the Federal High Court, Abuja Division, Thursday dismissed the Economic and Financial Crimes Commission (EFCC) suit to seize 48 property allegedly belonging him. Delivering judgment on the EFCC’s request, vide an originating summons, for a temporary order of forfeiture of the said 48 property, Justice A. R. Mohammed held that it ran totally against the court process for the commission to bring about an action that is related to a charge before a sister court, for which the former governor is standing trial, saying the request amounted to an abuse of court process. While he granted the commission leave to sustain the action, Justice Mohammed ordered that the commission puts Sylva on notice. He frowned that though the EFCC had brought a criminal action against Sylva at Court 3 of the Federal High Court, Abuja Division, presided by Justice Adamu Bello, it proceeded with a civil action before him in Court 7, whereof it sought to take over the same property it listed in the charge preferred against the former governor in the criminal case. According to Mohammed, “it would appear that EFCC is instituting a multiplicity of suits against the accused; this court cannot allow any process that amounts to an abuse and it is hereby dismissed.” On January 4, 2013, when it was reported that EFCC had obtained an order of forfeiture of Sylva’s 48 property, he quickly responded 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 that Mohammed now upheld. In the said statement, Ola said that of the said 48 property, only three belonged to his boss while he acquired three long before he became governor of Bayelsa. According to the statement, Sylva’s property are intact and fully covered by the order validly issued by Justice M. Kolo of Abuja High Court on December 27, 2012.” Sylva had applied to the court for an interim order to serve originating process on the respondent as a stay of all actions in respect of the property - Plot 262, Cadastral Zone A02, Wuse 1, Abuja, Plot 3192, located within Cadastral Zone A06, Maitama District, Abuja, Plot 232, Cadastral Zone A07, (No.8, Mistrata Street, Wuse II, Abuja) - by the respondents, their agents, privies, representatives or any other person deriving his/her authority from them. They were not to seal off, confiscate, eject any person from the property, trespass into it or do any other thing however so described relating to the said property pending the hearing and determination of the motion on notice. The application was granted and hearing in the matter fixed for
Posted on: Fri, 12 Jul 2013 16:43:08 +0000
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