N6bn Loan: Court Remands Sylva In EFCC Custody

Embattled former Governor of Bayelsa State, Chief Timipre Sylva yesterday made a surprise appearance at a Federal High Court in Abuja, where he pleaded not guilty to a 6-count charge bordering on money laundering and diversion for personal use of about N2 billion naira obtained from Union Bank Plc on behalf of Bayelsa State Government.

Sylva was alleged to have connived with certain officials of the state, and others reported to be at large, in defrauding the state of N2 billion while he ruled the state.

Soon after he pleaded not guilty to the six-count charge, his lawyer, Chief Lateef Fagbemi (SAN) asked the court to admit him to bail, an application that was vehemently opposed by prosecuting counsel, Mr. Festus Keyamo.

Fagbemi told the court that the former governor submitted himself to the court and was never declared wanted, adding that the Supreme Court had established, in several cases, that an accused should be presumed innocent pending his being found guilty by the court.

Opposing the granting of bail to the former governor, Keyamo drew the attention of the court to efforts made by the Economic and Financial Crimes Commission (EFCC) to serve him. He urged the court to deny him bail and as well make an order for expedited hearing.

The court subsequently adjourned to Thursday, 7th June, to deliver ruling on the bail application, and ordered that the former governor be remanded in the custody of EFCC.

No sooner had the court concluded proceedings in the matter and was about to call up the next case than EFCC operatives swooped into the court to arrest Sylva.

Justice Bello, who found the action of the EFCC operatives, reprehensive cautioned them and directed Keyamo to advise them appropriately. He then ordered the operatives out of his court, saying he was yet to sign the order for the custody of the former governor, which must be done before the commission could take him into custody.

Count One of the charges 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 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, 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 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, 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, 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, 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.