Hearing stalls in asset forfeiture case involving Timipre Sylva-linked properties

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Hearing stalled on Monday at the Federal High Court in Abuja in an asset forfeiture case involving properties linked to former Bayelsa State governor, Timipre Sylva.

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Judge Obiora Egwuatu had to adjourn the matter after EFCC lawyer, Oluwaleke Atolagbe, failed to file a report of compliance on an earlier interim order affecting the properties.

The assets, all of which are in Abuja, iinclude four blocks of terraces at Dakibiyu and two blocks of buildings in Garki, currently occupied by the National Information Technology Development Agency.

They also include a duplex with penthouse and office complex in Maitama, and eight units of one-bedroom flats at No. 8, Misratah Street, Wuse II.

There are also two blocks with 12 units of flats at Thaba Tseka Crescent, Wuse II, and a standalone duplex at Palm Springs Estate, Mpape.

The rest are properties include a block of flats with 10 units at Wuse Zone 4, a block of six flats at No. 1 Mubi Close, and a standalone duplex at No. 18 Nile Lake, Plot 1271, Maitama.

The court had earlier, on 24 April, ordered the interim forfeiture of the properties and directed the publication of the order in newspapers. It also ordered that interested parties should show cause within 14 days why a final forfeiture should not be granted.

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On Monday, scheduled for the hearing of the interested parties’ cases, three lawyers appeared for parties showing interest in some of the properties.

Benson Ibezim appeared for those laying claim to properties located in Dakibiyu and Garki, listed as numbers 1 and 9 on the list submitted to the court by the EFCC to obtain the interim forfeiture order.

For his part, Alex Ejiesieme, a Senior Advocate of Nigeria, represented parties seeking to show cause for properties listed as 2 and 5 – the duplex with penthouse and office complex in Maitama, and the property at Misratah Street, Wuse II.

Also, Ajayi Olowo appeared for property number 7, which covers two blocks with 12 units of flats at Thaba Tseka Crescent, Wuse II.

Emmanuella Imonikeh represented the those claiming the standalone duplex at Palm Springs Estate, Mpape.

EFCC’s lawyer, Mr Atolagbe, told the court that about six parties had filed affidavits to show cause claiming some of the assets.

But he said no one had shown interest in properties numbered 4, 6 and 8 on the schedule submitted to the court to obtain the interim forfeiture order.

These are the block of flats with 10 units at Wuse Zone 4, a block of six flats on Mubi Close, and a standalone duplex in Maitama.

Mr Atolagbe said the commission had filed a motion on notice on 22 May seeking final forfeiture of the three properties. He said this followed the absence of any party showing cause.

The judge noted that the motion was not in the court’s file. He also asked whether parties who had shown cause had been served.

Also, Mr Atolagbe said only one party had been served. He said the EFCC had complied with the earlier order by publishing the interim forfeiture in The Tribune and The Punch newspapers, adding that he had yet to file an affidavit of compliance.

Consecutively, Judge Egwuatu directed the EFCC to publish the motion on notice in the same manner as the earlier order. He also ordered service on all affected parties.

The judge further directed the commission to file a report of compliance on the interim order. He asked the EFCC to respond to all processes filed by interested parties.

He adjourned the matter until 16 July.

Backstory

The EFCC initiated the forfeirure application under the Advanced Fee Fraud and Other Related Offences Act, 2006, against assets allegedly linked to former Bayelsa State Governor Silva, who was last year linked to a failed coup against President Bola Tinubu.

EFCC said the properties were suspected proceeds of unlawful activities.

Mr Sylva, who served as the Minister of State for Petroleum Resources during the last administration of the late President Muhammadu Buhari, was regarded as one of sponsors of the coup plot, which was said to have failed after information about it was leaked to the authorities in September last year.

Although, Mr Sylva has not been charged yet, his name is mentioned as a conspirator in an ongoing coup trial before the Federal High Court in Abuja, in which the federal government is prosecuting six men, including two retired military officers and a serving police officer. Mr Sylva’s name appears in seven out of the total 13 charges.

The six defendants are Mohammed Ibrahim Gana, a retired major-general; Erasmus Ochegobia Victor, a retired navy captain; Ahmed Ibrahim, a police inspector; Zekeri Umoru, an electrician at the Presidential Villa; Bukar Kashim Goni; and Abdulkadir Sani, a Zaria-based Islamic cleric.

The federal government arraigned them on 22 April, when they all pleaded not guilty to all 13 charges, including treason, terrorism, failure to disclose information and money laundering.

Last year, following reports linking him to the alleged failed coup, Mr Sylva denied the allegations.

He said he was abroad for medical and professional engagements.

He has not returned to Nigeria since the allegation was made last year.

Some of his aides and domestic workers were arrested last year following a raid on his home in Abuja in connection with the coup allegations.