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| Timipre Sylva |
by: Tobi Soniyi
A Federal High Court in Abuja, Thursday refused the
application by former Governor of Bayelsa State, Timipre Sylva, to quash charge
of stealing public funds and money laundering levelled against him by the
Economic and Financial Crimes Commission (EFCC).
The judge, Justice Adamu Bello, also refused an application
by Sylva for permission to travel to the United Kingdom, with his wife whom he
said was scheduled to undergo a surgery in London.
The court held that the reasons advanced by the former governor
to accompany his wife were suspicious.
The governor, however, rejected the ruling and said he had
instructed his lawyers to immediately file an appeal at the Court of Appeal.
Justice Bello, who had refused Sylva’s application to quash
the charge against him on the ground that it lacked merit, also held that the
former governor had a case to answer.
Similarly, Justice Bello also refused Sylva’s application
for the release of his international passport to enable him travel abroad with
his wife, who is scheduled for surgery at a UK hospital tomorrow.
In refusing the application for the release of his passport,
Justice Bello said he had painstakingly scrutinised the affidavit in support of
the motion, the counter affidavit, further and better affidavit, a reply
further and better affidavit as well as other processes served by both counsel
and observed that the application was suspicious.
The judge noted that
a referral letter marked exhibit ‘AA’ tendered by Sylva’s lawyer, Isaac
Olorundare (SAN), which he told the court was written by a medical consultant
at the University of Port-Harcourt Teaching Hospital to the Cromwell Hospital
in UK was not replied.
“I observed that the referral letter written by a consultant
at the University of Port-Harcourt Teaching Hospital to the Cromwell Hospital
in the UK was not replied by the UK hospital” the judge noted.
“Exhibit ‘A’ which was supposed to be a reply from the
Cromwell Hospital, UK to the consultant at University of Port Harcourt was
rather addressed to Mrs. Alaide Sylva, with her residential address in London,”
Justice Bello observed.
The trial judge observed further that the letter rescheduling
the date of the surgery booked for Sylva from May 22 to May 31, marked exhibit
‘B’ indicated that the operation needed urgency.
His Lordship held: “It has taken 28 days from the day the
surgery was booked, now the operation has been rescheduled from May 22 to May
31; this change in dates negates the sense of urgency the operation of Sylva
requires in the UK. It is the view of the court that the ailment is not a life
threatening one.
“From the letters written to Sylva, it is visible that the
Cromwell Hospital in UK is directly dealing with the patient who appears to be
in London and not Nigeria.”
Justice Bello ruled that “the court’s observation is
sufficient to raise suspicion that the truth has not been told the court by
Sylva of his motive to accompany his wife abroad for a medical treatment."
He, therefore, prayed for the quick recovery of Sylva’s wife
from the ailment, adding that the former governor should make an alternative
arrangement on whom to accompany his wife abroad.
Justice Bello also said he was convinced by the submission
of EFCC’s lawyer, John Ainetor, that Sylva was presently being investigated for
sundry offences.
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