The Director of Public Prosecutions of the Federal Ministry of Justice,
Mr. M.S Diri, on Monday withdrew the N2.45bn fraud charges instituted
against a former governor of Bayelsa State, Mr. Timipre Sylva.
The
Economic and Financial Crimes Commission had on May 18, 2015
re-arraigned Sylva on six counts of fraud before Justice Evoh Chukwu of a
Federal High Court in Abuja.
But the EFCC,
represented by its Assistant Director, Legal and Prosecution, Mr. J.O
Ojogbane, said the anti-graft agency was not part of the decision to
withdraw the charges.
Following the withdrawal
of the former prosecuting counsel, Mr. Festus Keyamo, from the case on
May 25, 2015, it was handed over to the DPP.
But
instead of the DPP appearing in court on Monday for commencement of
trial, he issued a fiat to a private lawyer, O.J Nnadi (SAN), to
continue prosecuting the case.
Nnadi, during the
Monday’s proceedings tendered the freshly issued fiat before the court
and told the judge that the EFCC had instructed him to withdraw the
suit. He then urged the court to strike out the case.
He said, “We are ready for trial, but following the instruction this morning, EFCC directed that this charge be withdrawn.
“I
received instruction from Ojogbane that this charge against the
defendant be withdrawn. We urge this court to strike out the charge.”
But
Ojogbane, who appeared together with Nnadi and other lawyers for the
prosecution, expressed surprise over the team leader’s claim that the
EFCC gave the instruction for the withdrawal of the case.
The EFCC lawyer said, “I’m a little bit surprised by the submission of the learned silk (Nnadi).
“The
instruction from my own director, legal and prosecution of the EFCC,
Mr. Chime Okoroma, is for me to appear with the DPP of the Federation
who he said would be coming to court this morning to withdraw this
charge on behalf of the Attorney General of the Federation.
“When
I got to the court this morning I did not see him (DPP) but I saw the
name of the learned silk on the cause list. I approached him and he
confirmed to me that he had been briefed by the office of the AGF. He
(Nnadi) told me he has the fiat of the AGF which is already admitted as
exhibit in this court.
“He (Nnadi) put a call
through to the DPP Federation whom I had the privilege of speaking with
on the learned silk’s phone and he told me that the learned silk was
going to withdraw the charge.
“It is not correct to say that EFCC asked him to withdraw the charge. EFCC did not instruct me to come and withdraw the charge.”
Ojogbane
explained that the reason given by the the DPP for withdrawing the
case was that the Sylva had similar charges pending against him before
Justice Ahmed Mohammed of the same Federal High Court in Abuja.
He
said, “I can confirm that this charge is to be withdrawn this morning
by the office of the DPP and the reason given was that there are two
similar matters against the accused person in this court – one before
your lordship and another one beofre Justice A.R Mohammed which has
progressed more than the one before your lordship.”
Sylva’s lawyer, Mr. Israel Olorundare (SAN), did not oppose the application for the withdrawal of the suit.
He
urged the court to strike it out as prayed by the prosecution but he
also urged the court to order the release of his client’s passport which
had been in the custody of the court since he was first arraigned in
2012.
Olorundare also urged the court to restrain the EFCC from arresting Sylva based on the charges that were withdrawn.
While
Nnadi did not oppose the release of Sylva’s passport to him, the
lawyer said the court could not possibly give any order in anticipation
of his arrest.
Justice Chukwu in his ruling struck out
the case as he held that the Attorney-General of the Federation
possessed the power under the constitution to delegate his power to
issue a fiat as it was done in the case.
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