A Federal High Court in Abuja has adjourned till May 27, 2015, a case involving a former governor of Bayelsa State, Chief Timipre Sylva, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC.

Sylva alongside Francis Okokwo, Gbenga Balogun, and Samuel Ogbuku, are standing trial for using three companies – Marlin Maritime Limited, Eat Catering Services Limited, and Haloween-Blue Construction and Logistics Limited to move about N19.2 billion from Bayelsa State coffers between 2009 and 2012, under the guise of using the withdrawn money to augment salaries of government workers in the state.

Since the trial commenced in 2013, several applications filed by the defence, have made it difficult for the former governor to be arraigned.

At its sitting on May 14, 2015, the trial judge, Justice A. Y Mohammed, had in his ruling dismissed an application brought before it by the third accused, Gbenga Balogun, through his counsel Israel Olorundare, SAN, praying the court to first determine the legal standing of the lead prosecution counsel, Rotimi Jacobs, SAN, to handle the matter, as well as a motion challenging the competence of the 42-count charge.

The judge had ruled that: “With regards to the application, I do not agree that the involvement of Rotimi Jacobs, contradicts any law of professional conducts, and so, I therefore rule that it is devoid of any merit, and is accordingly dismissed”.

At the resumed sitting yesterday, the court was to hear all pending applications before it with regards to the matter. Notable was an application filed by counsel to Sylva, L. O Fagbemi (SAN), challenging the charges brought against his client by the EFCC and another application by Ogbuku, challenging the power of the EFCC to prosecute the case, claiming that only the Attorney General had the power to do so.

Jacobs, in his argument, told the court that he only got the application filed by Fagbemi on May 18, 2015, hence he would need time to go through it for appropriate action. He argued that the application seems like a calculated attempt to drag the matter further, since the charges which they are challenging was served them since 2013.

“We served them this charges since 2013, why are they now just waking up from their slumber,” the lead prosecution counsel said.

However, Fagbemi argued that since the case was a criminal matter, an application needed only 48hours to be served on the respondent. The condition, he said, was met in this case.

After listening to arguments from both counsels, Justice Mohammed adjourned to May 27, 2015 for hearing on all pending applications on the matter.