A Federal High Court in Abuja has fixed
Thursday (today) for its ruling on the
preliminary objection filed by the All
Progressives Congress governorship
candidate in the forthcoming December 5
election, Timipre Sylva, and others,
against the 50 counts of fraud charges
instituted against them by the Economic
and Financial Crimes Commission.
Apart from Sylva, who is a former
governor of Bayelsa State, the other
accused persons who also filed similar
objection against the charges are Francis
Okokuro, Gbenga Balogun, Samuel
Ogbuku, Marlin Maritime Ltd, Eat Catering
Services Ltd and Haloween-Blue
Construction Logistics.
Justice Adeniyi Ademola had reserved
ruling after hearing the applications on
July 9, 2015.
It was learnt that the court issued hearing
notice for the ruling earlier this week.
The EFCC had instituted fresh 50 counts
of fraud charges against Sylva, shortly
after another judge of the Federal High
Court in Abuja, Justice Ahmed
Mohammed, on June 10, 2015, dismissed
N19.2bn charges against the former
governor and his co-accused.
Nine days before Justice Mohammed’s
ruling, the EFCC had withdrawn six counts
of N2.45bn fraud charges instituted solely
against the former governor before
Justice Evoh Chukwu of the same Federal
High Court in Abuja.
The anti-graft agency had, after the ruling
by Justice Mohammed, incorporated the
two earlier charges into the 50 counts and
filed same before Justice Ademola.
Sylva’s lead counsel, Mr. Lateef Fagbemi
(SAN), had on July 9, 2015 moved his
client’s notice of preliminary objection,
filed on July 2, 2015, challenging the fresh
charges.
Counsel for the third and fourth
defendants, Ochu Chukwuma and Olowo
Ajayi, respectively, also adopted theirs.
The three accused persons, through their
counsel, argued that the fresh 50 counts
filed against them were exactly the ones
that were not merely struck out by
Justice Mohammed, but dismissed.
Chukwuma said, “The fresh charges were
based on the same facts, the same event,
the same investigation and
circumstances. The third accused person,
perhaps all the accused persons, cannot
be tried any more based on those facts
and circumstances.
“Also, the order of the court being that of
dismissal, we submit that a case dismissed
cannot be resuscitated.”
