The economic financial crimes commission (EFCC) says Ahmed Mohammed, the judge who presided over the dismissal the N19.2 billion charge against Timipre Sylva, former governor of Bayelsa state, was wrong to have dismissed the case just as she was wrong on Femi Fani-Kayode’s case.
In a statement issued on Wednesday, Wilson Uwujaren, head of the EFCC media and publicity team, said the the decision of the commission to withdraw N2.45 billion charge against Sylva was not to acquit him but consolidate the N19.2 billion charge against him.
“Mohammed, in dismissing the charge, erred in law as the accused persons had not taken any plea; no proof of evidence was placed before the court and trial had not commenced,” EFCC said.
“We note that the dismissal of the charge by Justice Mohammed, following the application of the commission to consolidate the charges against the former governor and his accomplices, does not amount to a discharge or an acquittal, and it does not preclude the power of the agency to bring fresh charges against the defendants.
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“It will be recalled that, it was Justice Mohammed who rejected the admissibility of computer-generated evidence in the case of Femi Fani- Kayode Vs Federal Government of Nigeria, a ruling that was thrown out by the appellate court.”
Earlier on Wednesday, Mohammed ruled on a notice of preliminary objection filed by counsel to Sylva, Lateef Fagbemi (SAN), dismissing the charges against the ex-governor after describing it as an abuse of court processes.
Sylva was arraigned alongside Nide Francis Okonkwo, Gbenga Balogun and Samuel Ogbuku for allegedly siphoning money from the state.
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