Daniel Wants Charges Quashed… As EFCC Insists on Trial  Posted Thur Jan 19,2012

 
Daniel

The trial of former governor of Ogun State, Otunba Gbenga Daniel on charges of criminal embezzlement of funds and diversion of properties and lands belonging to the Ogun State government, brought against him by the Economic and Financial Crimes Commission, resumed Thursday 19th January, 2012 at the Federal High Court, Abeokuta, Ogun State, with the accused person challenging the jurisdiction of court and seeking to quash the charges preferred against him.

Lead counsel to former Governor of Ogun State, Otunba Gbenga Daniel,  asked an Abeokuta High Court to quash the charges preferred against him by the Economic and Financial Crimes Commission. Addressing the court presided over by Justice Olanrewaju Mabekoje; Professor Taiwo Osipitan described the allegation against Daniel as unsubstantiated, gross abuse of court process and classical example of political persecution and harassment. He said the charges were vague, misleading and designed to harass the defendant whose only offence was that he decided to serve his state meritoriously.  He said the charges ”are patently illegal and unconstitutional and  brought by a body which does not have the locus standi to prosecute an offence alleged to have been committed against a state". He said from available facts those whom the offence were allegedly committed against have not complained. He said the case before the court should be quashed because of the defective and invalid charges. He said the EFCC was crying were there was no bereavement stating that the Ogun State Government and local governments have not written a petition or complained because no fund was stolen.

Osipitan challenged the constitutionality of some of the charges especially for the lack of consent of the relevant officials of the state. "No complain by Ogun State Government or petition that its money has been stolen. No prior leave of the court was sought before the case was filed. No money was stolen" Osipitan averred saying because of this the charges should not be allowed to stand. He told the court that    even if an accused is found guilty and the property confiscated and the proceeds paid into the consolidated account of the Federation the State would have been short changed.

On some of the charges he said that the answer to them were already in the proof of evidence. For instance the 4million dollars alleged to have been stolen was shown to have been duly converted to naira and paid into the account of the government to pay salary and meet other statutory needs. He cited the evidence of two officials of the state government who in their evidence to EFCC confirmed that the money was duly paid into the coffers of the state government to meets needs of salary and other expenditure. He read out their evidence from the proof of evidence provided by EFCC where the two officials confirmed that the money was used to meet statutory payments of the Ogun State government. .

On local government funds Professor Osipitan said no evidence of fraudulent conversion was shown and what was shown was disagreement over distribution by operators of the council and no linkage was made to show that Daniel fraudulently converted the funds to his own use.  He said it is dangerous to allow federal agency to invade a state and begin to usurp the jurisdiction of the state. He therefore asked the Judge to quash all the charges against the former governor. 

But prosecution counsel, Rotimi Jacobs brushed aside the argument of the accused as a ploy to delay the trial. “My learned friend has also said in the 37 paragraph affidavit that it is only Ogun state and Ogun State Local government that can complain or write petition alleging that a crime has been committed against it. My Lord this is a misconception of Law. It is also a misconception to say that the EFCC lacks the powers to prosecute this case. Anybody can be prosecuted by the EFCC, anybody can raise an allegation before anybody and the EFCC based on powers conferred on it by the Act establishing it has the powers to cause an investigation to be conducted,” Jacobs said. He informed the court that the EFCC has its witnesses and is ready to proceed with trial. 

The presiding Judge, Justice Olanrewaju Mabekoje adjourned proceedings to Friday January 20, 2012 for ruling on the motion to quash the charges against the accused.

Daniel was dragged before the Ogun State High court on the 12th of October, 2011 on an initial 16 count charge for offences bordering on embezzlement and conversion of Ogun state properties. The charges were later amended to 43 counts by the EFCC.