EFCC To Re-File Charges Against Daniel
The Economic and Financial Crimes Commission, EFCC, has said Justice Olanrewaju Mabekoje of Abeokuta High Court did not discharge and acquit Gbenga Daniel in his ruling on the corruption charges against the former governor contrary to media reports.
The anti-graft agency in a statement signed by its spokesperson, Wilson Uwajaren in its reaction to the ruling of the Abeokuta High Court said the trial judge only released Daniel on the sole technical ground that the Commission failed to seek the consent of court before filing the amended charges against the former governor.
The commission added that the former governor was discharged on technical grounds and it will immediately re-file charges against him as recommended by the judge himself.
Consequent on the ruling striking out the charges, the Commission will immediately apply to the Chief Judge of Ogun State for leave to re-file the charges against Otunba Daniel.
“We consider it prudent and reasonable to re-file the charges immediately as advised by Justice Mabekoje in the said ruling, as against lodging an appeal against the judgment, which action may take several months to decide at the Court of Appeal.
“For the avoidance of doubt, the court did not rule on the competence or merit of the charges against Otunba Daniel, therefore, he was not discharged and acquitted by the ruling today,” EFCC said.
Daniel was first arraigned on 12 October 2011 on a 16-count charge of stealing, fraudulent conversion and failure to declare assets.
He pleaded not guilty to the charges and was admitted to bail on 14 October 2011 in the sum of N500 million and two sureties in like sum.
The charges were later amended to 43 counts.
The embattled former governor of Ogun State, Gbenga Daniel was absolved by the High court sitting in Isabo, Abeokuta of the 43-count charge levelled against him by Economic and Financial Crimes Commission, EFCC.
Giving the ruling, Justice Olanrewaju Mabekoje, said that the appellants have failed to follow the constitutional provision required to file information containing indictable offences.
According to Mabekoje, “trial leave of court is required to file information containing indictable offences by any person in the High Court.
The EFCC failed to comply with section 340 (2) of the Criminal Procedure Law before filing the information. Therefore, the information is liable to be quashed.
Reacting to the judgment, counsel to EFCC, Rotimi Jacobs (SAN) said it is not yet uhuru for the supporters of the former governor as they are still going to return to court. He described the judgment as “pyrrhic victory.”
Jacobs said, “there is no cause for celebration, it is just a temporary setback on our part and we are coming back to court immediately we receive an order to do so.”
In his own reaction, counsel to the defendant, Taiwo Osipitan described the judgment as a victory for democracy.
It was celebration galore as supporters of the former governor who were in court danced round in jubilation.
Daniel was arraigned in court last year October for charges ranging from misappropriation of funds, failure to declare assets and illegal deduction of local government funds to the tune of N58 billion.
The Economic and Financial Crimes Commission, EFCC, has said Justice Olanrewaju Mabekoje of Abeokuta High Court did not discharge and acquit Gbenga Daniel in his ruling on the corruption charges against the former governor contrary to media reports.
The anti-graft agency in a statement signed by its spokesperson, Wilson Uwajaren in its reaction to the ruling of the Abeokuta High Court said the trial judge only released Daniel on the sole technical ground that the Commission failed to seek the consent of court before filing the amended charges against the former governor.
The commission added that the former governor was discharged on technical grounds and it will immediately re-file charges against him as recommended by the judge himself.
Consequent on the ruling striking out the charges, the Commission will immediately apply to the Chief Judge of Ogun State for leave to re-file the charges against Otunba Daniel.
“We consider it prudent and reasonable to re-file the charges immediately as advised by Justice Mabekoje in the said ruling, as against lodging an appeal against the judgment, which action may take several months to decide at the Court of Appeal.
“For the avoidance of doubt, the court did not rule on the competence or merit of the charges against Otunba Daniel, therefore, he was not discharged and acquitted by the ruling today,” EFCC said.
Daniel was first arraigned on 12 October 2011 on a 16-count charge of stealing, fraudulent conversion and failure to declare assets.
He pleaded not guilty to the charges and was admitted to bail on 14 October 2011 in the sum of N500 million and two sureties in like sum.
The charges were later amended to 43 counts.
EFCC’s Suit Against Daniel Dismissed.
The embattled former governor of Ogun State, Gbenga Daniel was absolved by the High court sitting in Isabo, Abeokuta of the 43-count charge levelled against him by Economic and Financial Crimes Commission, EFCC.
Giving the ruling, Justice Olanrewaju Mabekoje, said that the appellants have failed to follow the constitutional provision required to file information containing indictable offences.
According to Mabekoje, “trial leave of court is required to file information containing indictable offences by any person in the High Court.
The EFCC failed to comply with section 340 (2) of the Criminal Procedure Law before filing the information. Therefore, the information is liable to be quashed.
Reacting to the judgment, counsel to EFCC, Rotimi Jacobs (SAN) said it is not yet uhuru for the supporters of the former governor as they are still going to return to court. He described the judgment as “pyrrhic victory.”
Jacobs said, “there is no cause for celebration, it is just a temporary setback on our part and we are coming back to court immediately we receive an order to do so.”
In his own reaction, counsel to the defendant, Taiwo Osipitan described the judgment as a victory for democracy.
It was celebration galore as supporters of the former governor who were in court danced round in jubilation.
Daniel was arraigned in court last year October for charges ranging from misappropriation of funds, failure to declare assets and illegal deduction of local government funds to the tune of N58 billion.
No comments:
Post a Comment