President Buhari Has No Hand In The Withdrawal Of Charges Against Sylva – Okoi Obono-Obla
I want to say with the deepest respect that President Muhammadu Buhari resumed work only on Monday. He was sworn in on Friday 29th May 2015. So between 29th May 2015 to the 30th May 2015 is just three days; so how President Buhari in any stretch of imagination could influenced the withdrawn of criminal charges against Timipreye Sylva as suggested in the print and social media in the country.
So it is uncharitable and completely misplaced for Jonathanians and mischief makers to give the impression that President Buhari directed the withdrawn of criminal charges against former Bayelsa State Governor, Timipreye Sylva because he is his political protégé Buhari have influenced what transpired in the Federal High Court in the case between the Economic and Financial Crimes Commission, EFCC and Timipreye Sylva.
Please read again the reason given by the lawyer that represented the Federal Director of Public Prosecutions in Sylva’s case. The lawyer said he was instructed by the office of the Attorney General of the Federation to withdraw the charges against Sylva pending in the Federal High Court presided by Justice Evo Chukwu because there is a similar charge based on the same facts (as the previous charge) against Sylvia already pending in another Federal High Court presided over by Justice Ramat Ahmed Mohammed.
In law where there are two similar processes or charges or cases are instituted against the same Accused Persons or Defendants it is called “abuse of court process “. Abuse of court process is a very grievous thing that the Court does not brook. If an objection is taken to a court process on the ground that it constitutes an abuse of the Court; the Court does not take it lightly. If the Court finds that truly such a court of process amounts to an abuse, the Court has inherent powers to dismiss such a process.
In any event , it is against the grains of natural justice and an abuse of prosecutorial powers for the EFCC to file two similar charges against Sylva in two different courts based on the same facts.
I think this is the reason why the prosecution withdrew the charge against Sylva in Justice Chukwu Federal High Court. In any event the former Attorney General , Mohammed Adoke (SAN ) left office on the 29th May and I honestly believe he (Mohammed Adoke) would have been the person who gave the instruction for the withdrawal of the charge against Sylvia in Justice Chukwu’ s Federal Court (NOT PRESIDENT MUHAMMADU BUHARI as suggested.
The last time I checked, I found that Mohammed Adoke was Attorney General to former President Good luck Jonathan not President Muhammadu Buhari. President Muhammadu Buhari is yet to appoint his Attorney General.
In this highly acclaimed inaugural speech, president Buhari promised never to interfere or meddle in the workings of the legislative and judicial branches of government.
It is therefore misplaced and mischievous for some pundits to give the impression that the decision of the lawyer to the EFCC to withdraw the charges against Sylva pending before the Federal High Court, presided over by Honourable Justice Chukwu was the handiwork of President Buhari who resumed work for the first time on Monday when
Another point of correction, I will like to make is the impression that Sylvia is the Chairman of the Transition Committee. He is not a member of the Transition despite the impression being created by mischief makers.
Timipreye Sylvia was not the Chairman of the Buhari Transition Committee. The Chairman of Buhari Transition Committee remains Alhaji Ahmed Joda. Timipreye Sylva was the Co Chairman of the Inauguration Committee while the Chairman was the former Secretary to the Federal Government, Senator Pius Anyim.
However, I totally agree with you that there is the need for all of us to be vigilant about governmental affairs both the Federal, State and Local Government levels.
Keeping an eye on what is happening in government is not opposition but a duty required of a good and conscientious citizen. However, we should not deliberately twist very obvious facts just to give a dog a bad name or just for the sake of opposition.