Intrigues in Timipre Sylva’s acquittals, re-arraignment

The judge’s anger flowed from the drama by the Director of Public Prosecutions (DPP), Mr Mohammed Diri, who announced that the department was taking over prosecution of the case from the Economic and Financial Crimes Commission (EFCC) but was yet to obtain the case file.The intrigues of the day’s proceedings heightened when Lagos anti-corruption lawyer, […]

The judge’s anger flowed from the drama by the Director of Public Prosecutions (DPP), Mr Mohammed Diri, who announced that the department was taking over prosecution of the case from the Economic and Financial Crimes Commission (EFCC) but was yet to obtain the case file.
The intrigues of the day’s proceedings heightened when Lagos anti-corruption lawyer, who got the initial fiat to prosecute the case, sent in a letter withdrawing from the case on account of conflict of interest. Both Keyamo and Sylva are members of the All Progressives Congress (APC).
Just a week earlier, the EFCC had re-arraigned Sylva on a six count charge when the matter was assigned to Justice Chukwu from retired Justice Adamu Bello’s court where he was first arraigned in 2012.
In the fresh charges before Justice Chukwu, the anti-graft agency accused Sylva of allegedly converting about N2.5 billion state funds to overdraft under the pretext of workers’ salary payments between October 2009 and February, 2010.
After a raid in his Abuja home by operatives of the Department of State Services (DSS) and EFCC, Sylva was charged on a separate 42-counts charge of money laundering valued at N19.2 billion before Justice Ahmed Mohammed of another Abuja Federal High Court.
He was said to have conspired with Francis Okokwo, Gbenga Balogun and Samuel Ogbuku, to use three companies – Marlin Maritime Limited, Eat Catering Services Limited, and Haloween-Blue Construction and Logistics Limited to commit the offences between 2009 and 2012.
On his part, Sylva through his counsels, Lateef Fagbemi (SAN) and Israel Olorundare (SAN) had challenged the jurisdiction of the court to hear the matter. He added that there was no illegality in the management of the said funds since they were appropriated by the state assembly.
The embattled former governor also challenged the competence of EFCC counsel, Rotimi Jacob (SAN), to continue with the prosecution on grounds of professional misconduct.
According to defence counsel Acho Chukwuma, Jacob in a motion dated March 10, 2014 re-attached properties allegedly acquired by the ex-governor which had earlier been presented before another court of equal jurisdiction, an action he claimed contravened the rules of professional conduct.
Justice Mohammed however refused these objections and ordered Sylva to face trial.
The foot-dragging over Sylva’s prosecution came to a climax on June 1 when the private prosecutor engaged by the DPP, Ositadinma Nnadi (SAN), applied to withdraw the charges against the former governor on the instruction of the EFCC.
But J.O. Ojogbane, an Assistant Director, Legal and Prosecution in the EFCC, disputed the instruction, insisting he was not aware of the withdrawal.
“The instruction from my own director, legal and prosecution of the EFCC, Mr. Chime Okoroma, is for me to appear with the DPP of the Federation‎ who, he said, would be coming to court this morning to withdraw this charge on behalf of the Attorney General of the Federation,” he said.
After listening to the counsels, Justice Chukwu ruled that by the provisions of Section 174 (b) and (c) of the 1999 Constitution, the Attorney General of the Federation can commence and discontinue criminal proceedings against any person, adding that such functions can be delegated to the DPP.
He consequently discharged the former governor and ordered the release of his international passport.
The clarity over the cause of prosecution’s withdrawal of the charges barely two weeks after they were filed was made by the EFCC in a statement signed by its head of media and publicity, Wilson Uwujaren.
It stated that the withdrawal was meant to consolidate the charges against the governor in one court – that is before Justice Mohammed.
Consequently, the EFCC’s counsel, Jacob, sent a letter dated June 1, 2015 to Justice Mohammed informing him that the case before Justice Chukwu had been withdrawn to consolidate the charges in his court.
But Sylva’s counsels, Fagbemi and Olorundare (SAN), in a reply argued that since the prosecution had withdrawn the initial charges against Sylva in the other court, there is no more valid case against him in the court. They contended that continuing with the matter would amount to abuse of court process because the second charge before the court was later in time than the former.
Ruling on these submissions on Wednesday June 10, Justice Mohammed held that the charges before him constituted abuse of court process.
He observed that the case before him is later in time against the withdrawn charges.
He noted that the action of the prosecution is an attempt to interfere with the pending case before the court.  He added, “by withdrawing the charges in Court 8, the prosecution has shown it is not willing to prosecute this case.”
He therefore dismissed all the 42-counts charges and acquitted Sylva.
No sooner had Sylva left the court a free man, however than some Nigerians began expressing divergent opinions over the second acquittal. Attempts were made to link the discharge with the new APC powers-that-be.
However, the EFCC on Friday June 12 announced it intends to re-arraign Sylva on fresh charges. This latest twist to the Sylva prosecution imbroglio is seen by many Nigerians as a face-saving measure, though others are asking, has EFCC finally gotten its acts together?