5th June, 2012
Nnamdi Felix / Abuja
Former governor of Nigeria’s oil rich Bayelsa state, Chief Timipre Sylva, was on Tuesday docked before Justice Adamu Bello of a Federal High Court sitting in Abuja on a six count charge relating to an alleged N2 billion loan secured from Union Bank Plc, purportedly for the augmentation of the salary of the state’s civil servants.
He was alleged to have connived with some state officials and others said to be at large in defrauding the state of the money while at the helm of affairs in the state.
Soon after he pleaded not guilty to the six count charge, his lawyer, Chief Lateef Fagbemi moved for his bail which was vehemently opposed by Mr. Festus Keyamo who represented the anti graft agency in the matter.
Fagbemi told the court that the former governor submitted himself to the court and was never declared wanted. He urged the court to rely on a plethora of Supreme Court decisions which favour the granting of bail since an accused is presumed innocent pending his being found guilty by the court.
Keyamo opposed the granting of bail to the former governor and drew the attention of the court to efforts made by the anti graft agency to serve him and urged the court to deny him bail and to make an order for expedited hearing.
The court subsequently adjourned to Thursday, 7 June, to deliver ruling on the bail application and remanded the former governor in the custody of EFCC.
No sooner had the court concluded with proceedings in the matter and was about to call up the next case on the list, operatives of the anti graft agency swooped into the court and pounced on Silva to effect his arrest.
The court berated the operatives over their conduct and directed the EFCC’s lawyer, Mr. Festus Keyamo to call them to order. He subsequently ordered the operatives out of his court as he was yet to sign the order for the custody of the former governor which must be done before the anti graft agency can take him into custody.
The charge against Sylva reads: 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 N2,000,000,000.00 (Two Billion Naira) 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.
He was also alleged to have converted the sum of N380,000,000.00 (Three Hundred and Eighty Million Naira), property of the Bayelsa State Government, through the account of one Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in Fin Bank, Plc, which sum he knew, represented the proceeds of an illegal act with the aim of concealing the nature of the proceeds of the said illegal act thereby committing 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.
Count 3 of the charge alleges that 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 N50,000,000.00 (Fifty Million Naira), property of the Bayelsa State Government, through the account of one 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.
Silva was also alleged to have converted the sum of N20,000,000.00 (Twenty Million Naira), property of the Bayelsa State Government, through the account of one John Daukoru with Account No. 04800250000418, in United Bank for Africa, Plc, and also conspired to commit a crime to wit: inducing Union Bank, Plc, with the intent to defraud, to deliver to Bayelsa State Government the sum of N2,000,000,000.00 (Two Billion Naira), 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.
The last count of the charge accused the former governor of conniving with others now at large, at various places in Nigeria, including Abuja, induced Union Bank, Plc, with the intent to defraud, to grant an overdraft facility of the sum of N2,000,000,000.00 (Two Billion Naira) 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.