Daniel Has No Case to Answer, Court Tells EFCC

Posted by admin EFCC Politics Saturday, March 3rd, 2012

A High Court sitting in Abeokuta, the Ogun State capital, on Friday, quashed the allegations of stealing, illegal deductions of local government funds, fraudulent conversion of public property and failure to declare assets against the former governor of the state, Chief Gbenga Daniel.

The court said the decision followed the failure of the Economic and Financial Crimes Commission (EFCC) to seek the consent of the court before filing the charges.

The presiding judge, Justice Olanrewaju Mabekoje, said that the counsel of the anti-graft agency, Mr Rotimi Jacobs, did not comply with the provision of Section 340 (2) of the 1999 Constitution, which stipulates “that the permission of the court shall be sought or consent of judge shall be obtained before an indictment case is initiated.”

Lead counsel for Daniel, Professor Taiwo Osipitan (SAN), had on January 19 filed an application before the court, contending that the EFCC lacked the jurisdiction to prosecute his client and urged the court to quash all the 43 charges levelled against him.

The judge dismissed all the charges, saying the authorities cited by EFCC counsel “were misconstrued and of no effect to the case at hand.”

“The prosecution has failed to comply with the provision of Section 340 (2) of the 1999 Constitution, which says that the permission of the court shall be sought or consent of judge shall be obtained before an indictment case is initiated. The consequence of this non-compliance is that the error is fundamental and has robbed the court the jurisdiction of the trial, the 43-count charges against the accused person are hereby quashed,” Mabekoje said.

Meanwhile, EFCC, on Friday, disclosed that it would refile the charges against Daniel.

In a statement by its spokesperson, Mr Wilson Uwujaren, the commission also denied that the former governor was discharged and acquitted by the court.

-Tribunewp_posts