Monday, September 23

Court Resumes Case against Former Gov Silva

* Orders Processes Displayed on Property Gates

The case instituted by the Economic and Financial Crimes Commission, EFCC, against former Bayelsa state governor, Timipre Silva, proceeded on Monday as a Federal High Court sitting in Abuja ordered EFFC to paste all the processes filed against the former governor on the gate of his house located at 3, River Niger street, off Danube crescent, Maitama, Abuja.

The prosecution counsel, O.O. Otemu from Festus Keyamo’s law firm, had earlier brought an ex-parte motion seeking for an order of substituted service of the charge sheet, criminal summons and other processes on the gate of the former governor’s residence.

Otemu informed the court that the application was filed because the prosecution have not been able to get the accused to serve him with the processes.

Justice Adamu Bello granted the order as prayed and adjourned till 8 May.

EFCC had slammed a six-count criminal charge against Sylva. He is alleged to have conspired with others to commit criminal conspiracy and conversion of Bayelsa state’s properties and resources amounting to N2.45 billion while in office.

The former governor allegedly perpetrated the illegal act through proxies under the false pretence of using the amount to augment salaries of the Bayelsa State Government.

The alleged offences are said to be contrary to Sections 14(1) and 17(a) and punishable under Section 14(1) of the Money Laundering (Prohibition Act) 2004.

They are also contrary to Sections 1(1)(b) and 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004.

 

The proxies allegedly used by the former governor are Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in FinBank Plc; Enson Benmer Limited with Account No. 6152030001946, in First Bank Plc and John Daukoru with Account No. 04800250000418, in the United Bank for Africa, Plc.

 

Some of the charges read:

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, sometime between October 2009 and February 2010, at various places in Nigeria, including Abuja, within the jurisdiction of the Federal High Court did conspire to commit a crime to wit: conversion of properties and resources amounting to N2,000,000,000 belonging to Bayelsa State Government and derived from an illegal act, with the aim of concealing the illicit origin of the said amount and you thereby committed an offence contrary to Section 17(a) of the Money Laundering (Prohibition Act), 2004 and punishable under Section 14(1) of the same Act.

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 22nd of January, 2010, at Abuja, within the jurisdiction of the Federal High Court, converted the sum of N380,000,000, property of the Bayelsa State Government, through the account of Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in FinBank Plc, which sum you knew represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act and you thereby committed an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 5th of February, 2010, at Abuja, within the jurisdiction of the Federal High Court, converted the sum of N50,000,000 property of the Bayelsa State Government, through the account of Enson Benmer Limited with Account No. 6152030001946, in First Bank, Plc, which sum you knew represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act and you thereby committed an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, on or about the 5th of February, 2010, at Abuja, within the jurisdiction of the Federal High Court, converted the sum of N20,000,000 property of the Bayelsa State Government, through the account of John Daukoru with Account No. 04800250000418, in United Bank for Africa, Plc, which sum you knew represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act and you thereby committed an offence contrary to Section 14(1) of the Money Laundering (Prohibition Act) 2004 and also punishable under section 14(1) of the same Act.

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, sometime between October, 2009 and February, 2010, at various places in Nigeria, including Abuja, within the jurisdiction of the Federal High Court did conspire to commit a crime to wit: inducing Union Bank, Plc, with the intent to defraud, to deliver to Bayelsa State Government the sum of N2,000,000,000, under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004.

“That you, Timipre Sylva, as Governor of Bayelsa State, with others now at large, sometime between October, 2009 and February, 2010, at various places in Nigeria, including Abuja, within the jurisdiction of the Federal High Court induced Union Bank, Plc, with the intent to defraud, to grant an overdraft facility of the sum of N2,000,000,000 to the Bayelsa State Government under the false pretence of using the amount to augment salaries of the Bayelsa State Government and thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004 and punishable under section 1(3) of the same Act.

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