Justice Adamu Bello of the Federal High Court, Abuja, granted the order, following an ex-parte motion for substituted service by the EFCC counsel, Oghenevo Otemu.
Sylva is facing a six-count criminal charge of criminal conspiracy and conversion of state property and resources amounting to N2.45 billion while in office.
The motion brought pursuant to Section 90 of the Criminal Procedure Act and the inherent jurisdiction of the court prayed for “an order granting leave to the complainant/applicant to serve the charge sheet, criminal summons and any other processes in this case on the accused by substituted means to wit: Pasting same on the gate of No 3, River Niger Street, off Dan-Obe Crescent, Maitama, Abuja, which is the accused’s ordinary residence”.
Justice Bello had at the last sitting refused application to serve Sylva the charge through his counsel.
In an affidavit in support of the application, Ibrahim Ahmed, an Assistant Superintendent of Police, attached to the EFCC averred that all efforts to serve the charge on the accused personally had proved abortive.
*That the accused is aware that this charge has been filed against him.
*That I have been to the accused residence at No 3 River Niger Street, off Dan-Obe Crescent, Maitama, Abuja, severally to effect service of the charge sheet on him personally but I was always told by his aides at the gate of the premises that he is not around.
That the accused, being a former governor, is always surrounded by aides, which, makes it impossible to reach him personally with court processes.
*That the accused will definitely know of the charge sheet and the criminal summons if this application is granted and the processes are served by pasting same at his residence…
*That the accused will not be prejudiced if the application is granted
According to the charge filed by Festus Keyamo, Sylva allegedly perpetrated the illegal act through proxies under the false pretence of using the amount to augment salaries of the Bayelsa State Government.
The alleged offences are contrary to Sections 14(1) and 17(a) and punishable under Section 14(1) of the Money Laundering (Prohibition Act) 2004.
They are also contrary to Sections 1(1)(b) and 8(a) and punishable under section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2004.
The proxies allegedly used by the former governor are Habibu Sani Maigidia, a Bureau De Change Operator with Account No. 221433478108, in Fin Bank; Enson Benmer Limited with Account No. 6152030001946, in First Bank and John Daukoru with Account No. 04800250000418 in United Bank for Africa (UBA).
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