EFCC loses hold on ex-governor Sylva’s properties

Nnamdi Felix / Abuja

A Federal High Court siting in the Nigerian capital of Abuja has declined an application brought before it by the Economic and Financial Crimes Commission, EFCC, seeking the court’s permission to seize properties allegedly belonging to former Bayelsa state governor, Chief Timipre Sylva.

Justice A.R. Mohammed rejected the application on the ground that it amounted to an abuse of court process.

Delivering his ruling on EFCC’s application on Thursday, Justice Mohammed held that it ran totally against the court process for the anti graft agency to bring an application before him over a subject relating to a charge before another court where the former governor was standing criminal trial.

EFCC had instituted a criminal action against Sylva before another Federal High Court, Abuja Division, presided over by Justice Adamu Bello, before the commission proceeded with a the civil action before Justice A. R Mohammed’s court where it seeks to take-over the same properties it listed in the charge preferred against the former governor in the criminal case.

While rejecting EFCC’s application, Justice Mohammed held that It would appear that EFCC is instituting a multiplicity of suit against the former governor and held that the court cannot allow any process that amounts to an abuse and consequently dismissed the application.

The anti graft agency had on 21st December, 2012, applied through an exparte application for a temporary order of forfeiture of the property.

The court however declined to grant the application then and directed that the former governor be put on notice but the EFCC went ahead to publish a list of 48 properties allegedly belonging to the former governor and sealed the properties in anticipation of the court’s approval of its application to confiscate the properties.