Hearing in EFCC’s case against Sylva continues on June 17

A Federal High Court on Thursday in Abuja fixed June 17 for the continuation of proceedings in the N6.4 billion fraud suit against a former Governor of Bayelsa State, Timipre Sylva.
Sylva is standing trial on charges bordering on alleged misappropriation of Bayelsa State’s funds and properties while serving as governor of the state.
Justice A.R. Mohammed, who fixed the date when the suit was mentioned, said June 17 would be used for the hearing of arguments and adoption of addresses.
Justice Mohammed said: “In line with the court’s posture towards quick dispensation of cases, counsel to parties are enjoined to within two weeks regularise their processes and file same.
“You are equally expected to prepare your arguments and counter-arguments as the matter shall on the next adjourned date be heard and addresses adopted, preparatory to judgment delivery.
“The matter, based on the agreement of counsel to parties, is hereby adjourned to June 17.”
Earlier, the judge had granted an application filed by Messrs First Auctions Nigeria Limited to be joined as respondent in the suit.
While ruling, he held that “in the absence of an objection to the application, the application filed by the company to be joined in the suit between the EFCC and Timipre Sylva, filed on April 14, 2013, is hereby granted.
“Counsel to the new party is required to update himself with a view to catching up with the pace of the trial.”
Edwin Ekwunife, the counsel to the applicant, said the application was brought pursuant to Section 36 (1) of the 1999 Constitution.
“In addition to this, the application is brought pursuant to Order 9 Rules 5, 7 (1), 15 and 16 of the Court’s Civil Procedure Rules 2009 as well.”
The application was aimed at joining Messrs First Auctions as a respondent in the suit.
The applicant had put forward a single issue for determination, as to whether the court was imbued in law to join the applicant as a proper party.
In an affidavit in support of the motion on notice, Ikechukwu Asoga claimed to be the Chairman and Managing Director of the applicant.
Asoga further claimed that the applicant was the bonafide owner of the property at plot No.1271 located at Nike Street, Cadastral Zone A05, Maitama, Abuja.
He claimed that the applicant only recently learnt of the content of the Punch newspaper published on January 4.
The publication contains news that the above property was seized as a property of another person by the EFCC.
According to Asoga, the property in question had no connection with the person whom the EFCC tried to arrogate it to.
He claimed that the applicant had not been investigated or charged for any offence by the EFCC or anyone else to warrant the seizure.
Asoga, therefore, prayed the court to grant the application as it would rather assist the court to arrive at a fair and just conclusion rather than prejudice the parties in the suit.
The News Agency of Nigeria reports that the application was not opposed.
NAN recalls that the EFCC had on December 28, 2012, seized a total of 48 pieces of choice property allegedly belonging to the former Bayelsa governor.
The order for an interim forfeiture of the property was given by Mohammed through an ex parte application filed by the EFCC.
The assets, for which a forfeiture order was obtained by the EFCC, include a mansion at 3, River Niger Street, Plot 3192, Cadastral Zone AO, Maitama District, Abuja.
Others are nine units of houses (comprising six one-bedroom and three two-bedroom apartments) at No. 8, Sefadu Street, Wuse Zone 2, Plot 262, Cadastral Zone AO2, Wuse, Abuja.
Others are two units of duplexes at No. 5, Oguta Street, Plot 906, Cadastral Zone, Wuse 2, Abuja, and a duplex at Plot 1271, Nike Street, Cadastral Zone AO5, Maitama District, Abuja, among many others.
NAN reports that Marlin Maritime Limited is the other respondent in the suit.