SUFFERING yet another setback on Friday was Nigeria’s Economic and Financial Crimes Commission, whose case against the former governor of Ogun State, Mr. Gbenga Daniel, was trounced by the ruling of an Abeokuta High Court which absolved the former governor of guilt for corruption.
The EFCC had filed a 43-count criminal charge that included stealing of public funds, illegal deduction of local government funds and diversion of public funds.
Giving the ruling in Abeokuta on Friday morning, presiding 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.
“EFCC has made a fundamental error and based on their failure to fulfill the constitutional provision, the court cannot go on to hear the case unless the right thing is done,” Mabekoje submitted.
EFCC Counsel Rotimi Jacobs (SAN), who described the judgment as a “pyrrhic victory” for the accused, responded by saying that Mr. Daniel is not yet off the hook as EFCC will still press ahead with its prosecution of the former governor.
“There is no cause for celebration,” said Mr. Jacobs. “It is just a temporary setback on our part and we are coming back to court immediately we receive an order to do so.”
Counsel to the defendant, Mr. Taiwo Osipitan, described the judgment as a victory for democracy.
Supporters of Governor Daniel present at the court premises broke out into instant celebration, singing praises of the former governor while ridiculing the EFCC officials.
Daniel was originally arraigned in court on October 6 2011, where he plead not guilty to the 16-count charges of alleged stealing of public funds, illegal deduction of local government funds and diversion of public funds.
The former governor also pleaded not guilty to allegations of false declaration of assets.
Additional new charges were filed by the EFCC on November 27, 2011, bringing a total of 43 charges against the former governor.