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ABUJA — After spending two days in the custody of the Economic and Financial Crimes Commission, EFCC, former governor of Bayelsa State, Mr Timipre Sylva, Thursday, regained his freedom.
Sylva is facing trial over allegation that he masterminded the illegal diversion of funds from the Bayelsa State treasury while he was in power.
Consequently, the anti graft agency, on Tuesday, docked the ex-governor on a six-count criminal charge bothering on conspiracy, money laundering and obtaining by false pretence contrary to section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004, as well as section 14(1) of the Money Laundering (Prohibition Act) 2004.
Shortly after the accused person pleaded his innocence before a Federal High Court in Abuja on Tuesday, trial Justice Adamu Bello, ordered his remand in the custody of the EFCC pending the determination of his application for bail.
At the resumed sitting on the case yesterday, Justice Bello said he was satisfied that the defence lawyer, Chief Lateef Fagbemi, SAN, successfully adduced sufficient reasons capable of swaying the court’s discretion in favour of his client, just as he ordered the release of the accused person after he deposited N100 million as bond.
Noting that the offences preferred against the ex-governor were bailable offences, Justice Bello, however, ordered Sylva to produce someone resident in Abuja to stand surety for him, adding that such person must be an owner of a landed property worth the bail sum.
The judge stressed that the court registrar must verify the authenticity of the title deed of such property before okaying release of the accused person from the grips of the EFCC.
Meanwhile, sequel to fears expressed by the anti-graft agency over alleged surreptitious moves by the ex-governor to run out of the country once he is granted bail, Justice Bello, yesterday, seized all his International Passports, warning that he should not leave the shores of Nigeria without first securing the consent of the court.
The court said that breach of any of the conditions would amount to an immediate revocation of the bail.
According to Justice Bello, “I am persuaded by the submission of the learned Senior Advocate as well as the contents of the affidavit in support of the bail application and hereby exercise the discretion of the court in favour of the applicant.
“He is hereby granted bail in the sum of N100 million and ordered to produce one surety in like sum. The surety must be resident in Abuja and must be an owner of a landed property worth the bail sum. The title document of the property must be deposited to the court registrar for verification before the release of the applicant from custody.”
It would be recalled efforts by Sylva’s lawyer to persuade the court to release him on self recognition proved abortive.
Moving the bail application dated May 22, Fagbemi, SAN, pleaded the court to take cognizance of the fact that the accused ex-governor, on his own volition, appeared for his trial.
He said: “My lord, I wish to stress the point that the offences for which the accused is standing trial are bailable offences. Secondly, the accused person, on his own volition, came to court to answer to the charge preferred against him. He has never been declared wanted, at least, there is no such evidence before this court.
“The main purpose of bail is to ensure the attendance of the accused person at the trial. My lord, enough facts and reasons have been adduced to warrant your lordship to grant the application for bail.
“Until proved guilty under appropriate laws of the land, the accused have right to walk the street, breathe Nigerian air and walk free like every other innocent man. This is why I urge my Lord to make the condition for his bail liberal.
“He should be released on self recognition as former Governor of Bayelsa state and the fact that he willingly submitted himself for trial.”
The said bail application was supported by an affidavit of 12 paragraphs sworn to by one Akeem Umoru.
However, the EFCC, in a 16 paragraph counter-affidavit deposed to by one Seyi Bakare on May 25, vehemently opposed the bail request, saying it previously found it very difficult to trace the whereabouts of the accused who it said vanished into thin air immediately the charge was filed.
According to EFCC lawyer, Mr Festus Keyamo, “This court has absolute discretion to either grant or refuse bail, but we urge the court to consider in this particular case, the efforts we expended to bring the accused person to court. This court has judicial notice of that fact.
“An accused person who has shown propensity to bolt away at the slightest threat of the long arms of the law around him cannot be trusted to present himself for trial.
“That the offence is bailable is not sufficient reason for grant of bail, it is the availability of the accused person to face his trial that is more important. My lord if evidence is strong and direct, the Supreme Court said trial courts should be very weary in granting bail.
“We ask the court to deny the bail application and remand the accused person. We are ready to commence trial,” he added.
Specifically, EFCC had in a charge it filed on February 24, acused Sylva of stealing, just as it identified three persons whose Bank accounts it said was used as conduits pipes for illicit transfer of funds secured through loan from Union Bank Plc in the name of the Bayelsa state government.
Names of the said accomplices were given as Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in Fin Bank, Plc, Enson Benmer Limited with Account No. 6152030001946, in First Bank, Plc and one John Daukoru with Account No. 04800250000418, in United Bank for Africa Plc.
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