Tag: Sylva

  • Court grants Sylva permission to travel abroad

    Court grants Sylva permission to travel abroad

    Justice Adamu Bello of the Federal High Court in Abuja has granted permission to former governor of Bayelsa state, Timipriye Sylva, to travel to South Africa for medical attention.

    Justice Bello gave the permission on Thursday while ruling on the ex-governor’s application for release of his international passport to enable him travel for treatment.

    The judge had refused two similar applications filed earlier by Sylva on the ground that they were not supported by sufficient facts.

    Sylva is being tried by the court on a six-count charge bordering on alleged financial impropriety.

    The former governor and several others were accused of defrauding the state to the tune of N2 billion while in office.

    Justice Bello held that since hearing on the new charge has been set for January 23 next year, he has ample opportunity to travel for his medical treatment and come back before the date.

    “I have decided to give the applicant a benefit of doubt that he needs a medical treatment in South Africa,” the judge said.

    He gave the ex-governor 28 days, starting from December 7 to make the trip and return on or before January 5, 2014.

    He ordered Sylva’s surety to sign an undertaken, assuring that should the ex-governor fail to return on the agreed date he would face his trial.

     

     

  • Sylva, others dump PDP for APC

    Sylva, others dump PDP for APC

    There were uncertainties in the Peoples Democratic Party (PDP) in Bayelsa State on Wednesday following an indication that the former governor of the state, Mr. Timipre Sylva, had finally dumped the party for the All Progressive Congress (APC).

    Sylva, an estranged member of the PDP, who took succour in the fold of the Kawu Baraje-led new PDP was said to have joined the APC with his array of supporters.

    The former governor, who was denied a second term ticket by the PDP was said to have taken the decision in his bid to bounce back to political relevance.

    Sylva was conspicuous at all the gatherings of the nPDP that culminated in the merger of the splinter group including five PDP governors with the APC on last week.

    He also posed for pictures along with the defecting members of the PDP after the merger was consummated in Abuja.

    When The Nation inquired about Sylva’s fate, a source close to him said the former governor had toed the path of his leaders in the nPDP.

    The source who pleaded anonymity said: “His fate is known. You know he was a principal member of the nPDP and he was involved in all the meetings and negotiations before the merger.

    “He contributed in midwifing the process. If the nPDP has joined the APC, it means he has also joined the APC. He can’t back out from the decision of the nPDP.

    “Also you remember that PDP dumped Sylva and denied him a second-term ticket despite all the sacrifices he made for the party including his contributions to the election of President Goodluck Jonathan. So if Sylva and other like minds decided to dump the party for APC, his action is justified.”

     

     

  • Money laundering: EFCC to re-arraign Sylva

    Money laundering: EFCC to re-arraign Sylva

    The Economic and Financial Crimes Commission (EFCC) would re-arraign former Governor Timipre Sylva of Bayelsa State on Tuesday for allegedly laundering N19.2 billion.

    The EFCC spokesman, Mr. Wilson Uwujaren, said this in a statement issued in Abuja on Monday.

    According to the statement, Sylva and six others will be arraigned on a 42-count amended charge before Justice A. R. Mohammed of the Federal High Court, Abuja.

    “The other accused persons to be arraigned with the former governor are Francis Okuburo, Gbenga S. Balogun, Samuel Ogbuku, Marlin Maritime Limited, Eat Catering Services Limited and Haloween Blue Construction and Logistics Limited,” the News Agency of Nigeria quoted the EFCC spokesman as saying in the statement.

    It said the re-arraignment followed fresh evidence linking the former governor with a bouquet of fraudulent transactions.

    The statement added that the allegations borders on money laundering during his tenure as governor of Bayelsa State between 2009 and 2012.

     

     

     

  • Sylva to Dickson: Resign now

    Embattled former Bayelsa State Governor Timipre Sylva yesterday resumed hostility with his successor, Seriake Dickson.

    Sylva asked Dickson to throw in the towel accusing him of suffering “a severe governance deficit”.

    The former governor reacted to a statement credited to Dickson at the last transparency briefing, accusing him of non-payment of pensions amounting to N4billion to retirees for five years.

    Dickson also threatened to establish a Judicial Commission of Enquiry to investigate the matter.

    But Sylva in a statement by his Media Adviser, Doifie Buokoribo, said Dickson’s habit of finding faults with the Sylva administration smacked of incompetence and failure.

    “We call upon Dickson to resign now since he has shown that the job for which he was imposed on the people of Bayelsa State is bigger than him.

    “Failing which the people of Bayelsa State should exercise their civic duty to remove him from office using all available constitutional options,” Sylva said.

    He said Dickson’s claim on non-payment of pensioners from May 2007- January 2012 was scandalous, petty and irresponsible.

    The statement said: “When Sylva took over as governor from Dr. Goodluck Jonathan, there were outstanding pension and gratuity arrears, and no noise was made about it.

    “As a leader, Sylva took responsibility on the conviction that government is a continuum. Pensioners were paid along with people still in service, promptly and monthly.

    “Those who retired from service at the time also received their gratuity once the appropriate documentations were done. Not even Sylva’s opponents could accuse him of non-payment of salaries and pensions.

    “By our records, the government paid an average of N216 million monthly and about N2.6 billion per annum on pensions.

    “If nobody protested over non-payment of pension for five years, it means pensioners as well as labour in Bayelsa were satisfied with the Sylva administration.

    “Why is Dickson restricting his pension probe to the period from 2007- 2012? Why not commence from the beginning of civilian rule in the state in 1999? Why the obsession with Sylva?

    Dickson has been in office since February 2012. In April 2012, he set up a 11-person Financial Management Review Committee headed by Ndutimi Alaibe to probe Sylva.

    “Yet, Dickson is only just realising – in July 2013 – that pension funds were mismanaged from 2007-2012.

    “Dickson said it has come to his knowledge that the pension thieves in Bayelsa State used the stolen funds to build hotels and buy exotic cars. Meaning that he already knows who these criminals are? So, why set up a Judicial Commission of Enquiry?

    “Dickson and his master at the top have run out of options in the schizoid attempt to ruin the political career of Sylva, hence the decision to set up this Judicial Commission of Enquiry.

    “By working to the answer, they would like the Commission to indict Sylva having failed in their previous attempts with the Alaibe Committee and the Economic and Financial Crimes Commission (EFCC).”

     

  • N4bn pension scam raises fresh trouble for Sylva

    N4bn pension scam raises fresh trouble for Sylva

    Governor Seriake Dickson of Bayelsa State has ordered a probe of alleged non-payment of pensions to retirees in the state for five years under his predecessor, Chief Timipre Sylva.

    The accumulated pensions are estimated at over N4billion.

    Dickson, speaking during the 14th edition of the state’s Transparency Briefing in Yenagoa said government is interested in getting to the root of the non-payment of the pension between 2007 and 2012.

    Sylva became governor in 2007 but lost out in his bid to secure a second term in office.

    An 11-man Financial Management and Review Committee established by Dickson and chaired by Timi Alaibe had in April 2012 indicted Sylva of mismanaging the N660.45bn the state received from the Federation Account from 2007 to 2011.

    Besides, Sylva is also facing trial by the Economic and Financial Crimes Commission (EFCC) over allegations bordering on financial fraud.

    Dickson who was disturbed at the development said it was unacceptable that people were owed pensions for five years after rendering services to the state.

    He put the arrears of unpaid pensions his administration inherited from the past at over N4bn.

    In a bid to offset the arrears, he said his administration has, in the spirit of its restoration agenda, begun setting aside N250m monthly to tackle the issue.

    According to him, a committee he set up to handle the problem has already reduced the backlog by over N1bn.

    The governor was obviously upset that despite his efforts, some “misguided retirees” took to the streets earlier this month to protest their neglect”.

    Following the development, Dickson said he has decided to establish a Judicial Commission of Inquiry to investigate what he referred to as the mess his administration has been battling to clean up the debt.

    He said officials indicted by the commission for failing to live up to their official responsibilities would be punished.

    He said: “We have to address the pitiable backlog of gratuities and pension payment in this state at the time we came in. Those who have served meritoriously and retired were owed pensions and gratuities of over N4bn.

    “They have not been paid since 2007. Now that is not acceptable. I have said so over and over. We have started the process of putting some money aside to offset the backlog.

    “There is a committee set up chaired by the Head of Service and I have given them over N1bn to pay. I was told that some misguided elements tried to make politics out of it some few days back.

    “Some people were here some five years, they didn’t pay retirees, now we are working out to clear the mess, yet some pensioners allowed themselves to be misguided.

    “For this month, we have set aside N250m. But I am going to do something more as a result of those retires. I am going to set up a Judicial Commission of Inquiry to investigate those who have the duty to pay pensioners and gratuities but they did not do so.”

    Dickson said the state got a total inflow of N19.9bn but had a balance of N10bn after paying all liabilities.

    But he lamented the continuous servicing of loans and bonds borrowed by the previous administration.

     

  • Court dismisses EFCC’s suit against Sylva

    A Federal High Court sitting in Abuja on Thursday dismissed a suit brought against former Bayelsa State Governor, Timipre Sylva by the Economic and Financial Crimes Commission (EFCC).

    The commission had in an earlier suit got an order of temporary forfeiture of about 48 property traced to Sylva.

    Justice Ahmed Ramat Mohammed had while granting the order last December allowed the EFCC to continually apply for the extension of the order.

    But in Thursday’s ruling, the judge rejected an application by EFCC for the extension of the lifespan of the order on the ground that since the commission has filed a formal charge against Sylva before another judge of the same Federal High Court, it would be proper if the application for extension of the interim forfeiture order was made before the new court.

    “It would appear that EFCC is instituting a multiplicity of suit against the accused. This court cannot allow any process that amount to an abuse and it is hereby dismissed,” Justice Mohammed held.

    In the charge before Justice Adamu Bello of Court Three, Sylva is being prosecuted by the EFCC over alleged money laundering related offences.

    When the case came up on Monday, his lawyer, Okunade Olorundare (SAN) informed the court about a new application by Sylva, seeking for permission to travel abroad.

    His new application was filed about a month after the court refused an earlier application he filed, seeking for permission accompany his wife on a medical trip outside Nigeria.

    In the new application, Sylva is praying the court to release his international passport deposited as part of his bail conditions. He also wants to be allowed to travel on ground of ill health.

    Justice Bello fixed July 15 for hearing of the application.

     

  • Celebrating Sylva, at 49

    Celebrating Sylva, at 49

    What does Chief Timipre Sylva represent in Nigeria’s march of democracy? As the former Bayelsa State governor turns 49 on Sunday, 7 July, it is appropriate to reflect on the significance of Sylva to our politics. Reason being that his political trajectory has a great deal of insight and symbolism for Nigeria today.

    Sylva was unjustly prevented from seeking re-election as Governor of Bayelsa State by mandarins of the Peoples Democratic Party (PDP) acting on instructions from above. It was an unprecedented act of political victimisation that jolted the whole country, and culminated in his exit from office in January last year. In a sense, the barring of Sylva from the Bayelsa gubernatorial race in 2011 puts a humongous question mark on the democratic credentials of the so-called transformationists.

    Since Sylva’s exit from power, the baton of his persecution has been handed to the Economic and Financial Crimes Commission (EFCC). Amid an aimless array of charges that it has been unable to prove against him, the commission has descended into a media trial, apparently, targeted at a wholesale destruction of his political career. And without a coherent set of accusations to achieve its goal before a citizenry that has since become wise, EFCC has resorted to sloganeering, falsehood, and slandering. The commission has harassed his wife, friends and political associates.

    Some have interpreted the publicity stunt around the Sylva case as an attempt by EFCC to use the charges as leverage in political negotiations for leaders of the government of the day and pecuniary negotiations for the commission’s operatives.

    Despite the grave injustice done to him and the continuing harassment, he has remained firm on his convictions, refusing to cut a deal with those behind his ordeal, as is the wont of many politicians in Nigeria.

    Convinced that his political ordeals are not so much personal as questions bordering on the integrity of Nigeria’s democracy, Sylva has elected to pursue his victimisation to the fullest extent of the law. He went to court to challenge his strange exclusion from a race he was eminently qualified and certified to run. But the Supreme Court, in its wisdom, declined jurisdiction in the case, in what experts saw as a leeway to pursue the matter at the lower courts. He returned to the lower court, but, surprisingly, the lower court has also declined jurisdiction.

    In effect, Sylva’s exclusion from the governorship race in Bayelsa State has not been heard on its own merit by any court of law in Nigeria. The many pertinent questions raised by that unsympathetic and indecent treatment remain unanswered, and constitute a sore point in the country’s political history.

    But Sylva is not shaken in his belief in the rule of law and commitment to the democratic institutions. Even though PDP has been unfair to him, he has remained a faithful member of the party.

    Yet there is a huge renaissance of doubt about our institutions and fear that if Sylva could be treated this way, it could happen to anybody. The recent shenanigans around the democratic election of the Nigeria Governors’ Forum and the subsequent state offensive against Governor Rotimi Amaechi, the winner of that election, perfectly confirm the fear.

    Sylva’s ill-treatment is a huge blemish on the country’s democratic landscape. But it is a cruelty that has only succeeded in firing up his democratic instincts and bolstering his interest in fighting for the continuous extension of the frontiers of freedom.

    He is a great leader with great followers who remain convinced that he has a bright future in politics. His image looms large, particularly, in his native Bayelsa State. He is the main issue in Bayelsa politics today: you are either for the supremacy of the voice of the people, the right of the people to choose their leaders without external interference, which Sylva represents, or you are against the people’s right to free choice.

    For society to make progress, Sylva believes, all voices must be heard. This is a political ideal he has been committed to, but one that those behind his current political tribulations do not share and are prepared to utterly suppress. The cost has been a sorry tale for a state that witnessed its most remarkable development since its creation under Sylva. After he left office, the state has stagnated, with gloom and doom everywhere.

    On the national scene, the brutish suppression of the former governor and the ideals he represents has continued to haunt and prick the consciences of many, including those who supervised the immoral conduct.

    Despite this untold injustice and provocation to him and his supporters, Sylva has taken everything with calm and grace. On several occasions, his teeming support base has indicated interest in seeking justice on the streets. But he would not support that. He has unshakable belief in the democratic institutions. And he would not want to provide the power usurpers a rationalisation to swoop on his supporters.

    At the peak of the political crisis, Sylva deliberately avoided Yenagoa to forestall a situation where his supporters, who would ordinarily come out to welcome him, would be targeted by his opponents. Since leaving office in January 2012, he has not stepped on Bayelsa soil.

    He loves peace and is always prepared to go the extra mile to find it. It is on record that what eventually metamorphosed into the Presidential Amnesty Programme and, indeed, the seeming peace now being enjoyed in the Niger Delta was a memo that Sylva sent to the late President Umaru Musa Yar’Adua. That history remains indelible despite the deliberate attempts to obliterate it.

    Sylva is a man with a history and a future. He is an iconic politician. He represents the future of hope – a future not defined by our fears but by our hope.

     

    Buokoribo is a media adviser and private secretary to Sylva

  • Court to Sylva: Stop distracting Dickson

    Court to Sylva: Stop distracting Dickson

    The former governor of Bayelsa State, Mr. Timipre Sylva, has been ordered to stop his endless litigations against the incumbent governor of the state, Mr. Seriake Dickson.

    The Federal High Court gave the order on Wednesday in Yengaoa, the state capital.

    The court made the declaration while ruling on a preliminary objection filed by Dickson and the Peoples Democratic Party challenging the jurisdiction of the court to hear Sylva’s suit.

    Sylva had through his lead lawyer, Mr. Robert Clarke (SAN) filed a fresh matter in the court seeking to be declared the valid candidate of PDP for the February 2012 governorship election which Dickson won.

    But the court presided over by Justice Lambo Akande stopped Sylva from further challenging the election that brought Dickson to office.

    Akande, who ruled that “there must be an end to litigation”, declared that the lower court would not entertain a matter that had been clearly decided upon and struck out by the Supreme Court.

    He said it amounted to judicial rascality for Sylva and his lawyers to bring such matter that had been rested by the wise justices of the apex court before the lower court.

    Akande minced no words as he maintained that it would be ridiculous and a journey in futility for him to toe a different path from the decision of the apex court.

    “It is an abuse of the court process for the plaintiff (Sylva) to approach this court on a matter already decided by the Supreme Court. I shall not encourage any journey in futility,” he said.

    In a judgment that lasted for over an hour, Akande traced the history of the matter and concluded that Sylva lacked locus standi on the issue.

     

  • Sylva loses bid to quash charges, travel

    Sylva loses bid to quash charges, travel

    Former Bayelsa State Governor, Timipre Sylva, yesterday lost his bid to stop his trial for alleged money laundering offences.

    A Federal High Court in Abuja refused his prayer that the charges against him be quashed. The court also turned down his prayer for a permission to be allowed to accompany his wife, Mrs. Alayingi Sylva, on a foreign trip.

    Justice Adamu Bello, in separate rulings, dismissed two motions filed to that effect by Sylva, for lacking in merit.

    Sylva, in the first motion filed in June, last year urged the court to quash the six-count charge against him on the grounds that no evidence in the proof of evidence linked him to the offences alleged; that the proof of evidence did not disclose a prima facie case against him; that the charge is frivolous, unconstitutional and amounted to an abuse of court process.

    He had, with the second motion filed in April, sought the court’s leave to accompany his wife on a medical trip abroad. He said his wife was due for an urgent surgery in London and needed his company.

    Refusing the first motion, the judge held that it was premature for Sylva to contend that the charge was frivolous and that there was no evidence linking him with the offences alleged.

    The judge, relying on the Court of Appeal decision in the case of Alamieyeseigha vs the Federal Government reported in 2006, 16 NWLR part 1004, held that there was a distinction between the summary trial conducted by the Federal High Court and the trial by information as done in the state High Court. “Under the summary trial, the question of whether the proof of evidence is sufficient could only be determined after the prosecution has closed its case and if a no-case submission is made by the defence. It is then the court can decide whether or not a prima facie case is established, not before,” the judge held.

    Justice Bello further held that the summary trial procedure was constitutional, but that the procedure that was not constitutional was that adopted by the accused person because, by his motion, he sought to prevent the prosecution from proving its case against him.

    He held that by seeking to quash the charge before the prosecution is allowed to present its case, amounts to denying it the right to fair hearing, since the accused has had the opportunity of pleading not guilty to the charge.

    The judge also relied on the Supreme Court decision delivered on April 19 in the unreported case of Ralph Nwazurike vs the Attorney- General of the Federation, numbered: SC/207/2008. In the lead judgment delivered by Justice Bode Rhodes-Vivour, it was established that in summary trial, proof of evidence must not necessary accompany the charge, but that the accused was at liberty to apply to the court for additional information relating to the charge.

    It was also the decision of the apex court that the accused, under summary trial, is only entitled to know the nature of the charge and not the nature of the evidence.

    Guided by the apex court’s decision, Justice Bello refused to quash the charge at this early stage.

    In refusing the other motion, Justice Bello observed a number of conflicting information in the exhibits tendered by Sylva.

    The judge noted that while the letter referring Mrs. Sylva to Cromwell Hospital, London for treatment was written by a Nigerian doctor at the University of Port Harcourt Teaching Hospital, no response was addressed to the Nigerian doctor by the London hospital.

    The judge elected to accord the case an accelerated hearing and adjourned till July 8 for the beginning of trial.

    Sylva yesterday appealed against the court’s decision

  • Sylva loses bids to quash charges

    Sylva loses bids to quash charges

    Former Bayelsa State Governor, Timipre Sylva, on Thursday lost in his bid to stop the ongoing trial on alleged money laundering.

    A Federal High Court in Abuja refused his prayer that the charges against him be quashed. The court also turned down his prayer for permission to be allowed to accompany his wife on a foreign trip.

    Justice Adamu Bello, in separate rulings, dismissed two motions filed to that effect by Sylva, for lacking in merit.

    Sylva had, in the first motion filed in June last year, urged the court to quash the six-count charge against him on the grounds that no evidence in the proof of evidence linked him to the offences alleged; that the proof of evidence did not disclose a prima facie case against him; that the charge is frivolous, unconstitutional and amounted to an abuse of court process.

    He had, in the second motion filed in April, sought the court’s leave to accompany his wife on a medical trip abroad. He had said his wife was due for an urgent surgery in London and needed his company.

    Refusing the first motion, the judge held that it was premature for Sylva to contend that the charge was frivolous and that there was no evidence linking him with the offences alleged.

    The judge, relying on the Court of Appeal decision in the case of Alamieyeseigha vs the Federal Government reported in 2006, 16 NWLR part 1004, held that there was a distinction between the summary trial conducted by the Federal High Court and the trial by information as done in the state High Court.

    “Under the summary trial, the question of whether the proof of evidence is sufficient could only be determined after the prosecution has closed its case and if a no-case submission made by the defence, it is then the court can decide whether or not a prima facie case is established, not before,” the judge held.

    Justice Bello further held that the summary trial procedure is constitutional, but that the procedure that is not constitutional was that adopted by the accused person because, by his motion, he sought to prevent the prosecution from proving its case against him.