Sylva's Bid To Quash Charges Against Him Suffers Setback
... You've A Case To Answer, Court Insists
SAN FRANCISCO, May 30, (THEWILL) – The bid by former governor of Bayelsa State, Timipre Sylva, to quash corruption charges against him by the Economic and Financial Crimes Commission (EFCC) has suffered a major setback.
This came as his application for permission to travel to the United Kingdom with his wife on medical grounds was also quashed.
Justice Adamu Bello of an Abuja High Court who dashed Sylva's hopes on Thursday ruled that Sylva's application to quash the charges against him lacked merit, insisting that the former governor. In deed had a case to answer.
Justice Bello added that the reasons given by the embattled former governor for the London trip were also suspicious.
Apparently dissatisfied with the ruling, Sylva said he had instructed his lawyers to immediately seek redress at the Court of Appeal.
Predicating his application for the quashing of the charges against him on the grounds that the prosecution has not provided any evidence linking him with alleged fraudulent and money laundering offences, the former governor also claimed that the proof of evidence did not disclose any prima facie case has been made against him.
He added that the six-count charge preferred against him by the EFCC was frivolous, abuse of court process, unconstitutional and oppressive.
Sylva had also applied for the release of his international passport to enable him travel abroad with his wife who is scheduled to undergo surgery in London on Friday.
But in turning down his request, Justice Bello said he had painstakingly scrutinised all the evidence submitted by both counsel and observed that the application was suspicious.
Bello specifically noted that a referral letter marked exhibit ‘AA’ tendered by Sylva’s lawyer, Isaac Olorundare, SAN, which he told the court was written by a medical consultant at the University of Port-Harcourt Teaching Hospital to the Cromwell Hospital in United Kingdom was not replied.
“I observed that the referral letter written by a consultant at the University of Port-Harcourt Teaching Hospital to the Cromwell Hospital in the United Kingdom was not replied by the UK hospital.
“Exhibit ‘A’ which was supposed to be a reply from the Cromwell Hospital, United Kingdom to the consultant at University of Port-Harcourt was rather addressed to Mrs Alaide Sylva with her residential address in London," Justice Bello noted.
According to the judge, the letter rescheduling the date of the surgery booked for Mrs Alaide Sylva from May 22 to May 31, marked exhibit ‘B’ indicated that the operation needed urgency.
“It has taken 28 days from the day the surgery was booked, now the operation has been rescheduled from May 22 to May 31; this change in dates negates the sense of urgency the operation of Mrs Sylva requires in the UK. It is the view of the court that the ailment is not a life threatening one.
“From the letters written to Mrs Sylva, it is visible that the Cromwell Hospital in United Kingdom is directly dealing with the patient who appears to be in London and not Nigeria," Justice Bello said.
While ruling that “the court’s observation is sufficient to raise suspicion that the truth has not been told the court by Sylva of his motive to accompany his wife abroad for a medical treatment, the judge prayed for the quick recovery of Sylva’s wife, advising that the former governor should make an alternative arrangement on whom to accompany his wife abroad.
He also said he was convinced by the submission of EFCC's lawyer, John Ainetor, that Sylva was presently being investigated for sundry offences.
“The court is convinced that the EFCC is investigating the accused applicant on fresh criminal offences and therefore would not grant his application to travel abroad so as not to undermine the investigation. The present circumstance does not allow the court to release his international passport. Therefore, the application is not granted,” Justice Bello said.
However, ruling on the application, Justice Bello said the court was not empowered at the stage of the trial to quash the charges.
The judge averred that in summary trials, proof of evidence did not need to accompany the charge, even as he said the accused applicant was entitled to know the nature of the charge against him upon application but not the nature of evidence.
He noted that the law placed it upon the prosecution to prove its case, and quashing the charges according to the judge “is tantamount to denial of fair hearing to the prosecution, who is ready to call his witnesses. Therefore, this application to quash the charges cannot and will not be granted.
“The application for quash is lacking in merit and it is hereby dismissed” the court ruled
EFCC had also opposed Sylva's application to travel out on the ground that he might escape trial if allowed to travel out of the country.
Before the judgment, Sylva's lawyer, Olorundare, had told the court that the ex-governor's wife was scheduled for surgery in a United Kingdom (UK) hospital on May 31 and needed his company.
He therefore urged the court to release his international passport to enable him embark on the trip.
He however promised to return for trial and to also return the passport to the custody of the court.
However, EFCC in objecting to the application filed a counter affidavit.
Counsel to the anti crime agency, John Arieto, urged the court to reject Sylva's application on the ground that he could refuse to return for trial.
He noted said that since Sylva was arraigned in June last year and granted bail, the commission had unearthed fresh evidence that the accused person allegedly engaged in fraudulent acquisition of property through other private persons.
He added that the commission was also ready to file charges against Sylva's wife.
The commission further stated that in view of the new discovery, it got a court order last December, freezing the new assets.
The anti-graft agency said investigation was still ongoing, and it could be jeopardised should Sylva be allowed to travel.