Sylva, others oppose trial by EFCC

Former governor of Bayelsa State, Timipreye Sylva, and six other accused persons have challenged the Economic and Financial Crimes Commission’s competence to try them on a 42-count criminal charge before an Abuja Federal High Court.

The EFCC had dragged the former governor to court, alongside Francis Okuburo, Gbenga S. Balogun, Samuel Ogbuku, Marlin Maritime Limited, Eat Catering Services Limited and Halloween Blue Construction and Logistics Limited.

However, the accused persons have filed a motion on notice, asking the court, presided by Justice Ahmed Mohammed, to decline jurisdiction on the grounds that the matter was a subject of a pending appeal at the Court of Appeal, Abuja Division.

In an affidavit in support of the motion on notice, the third accused person, Balogun, who is the manager of Marlin Maritime Limited (the 5th accused) argued that the property, which the EFCC was seeking their attachment and forfeiture in a new application dated March 10, 2014, were subject of the pending appeal.

The accused persons also asked the court to discontinue the legal representation of EFCC counsel, Rotimi Jacobs, SAN.

However, the motion could not be heard on Thursday as Balogun’s counsel, Ochu Chukwuma, informed the court that he would need time to respond to the counter-affidavit filed by EFCC.

Justice Mohammed adjourned the matter to May 16 for hearing.

Sylva was facing a pending criminal charge, also filed by the EFCC before the Abuja FHC, before the anti-graft agency filed the fresh 42-count charge against him.

The Commission said the new charge followed a fresh  evidence of corruption in its investigations into the former governor’s activities while in office between 2009 and 2012.

However, the EFCC has not been able to re-arraign Sylva and the others since the new charge was filed.