2nd March, 2012
The Economic and Financial Crimes Commission, EFCC, has said Justice Olanrewaju Mabekoje of Abeokuta High Court did not discharge and acquit Otunba Gbenga Daniel in his ruling on the corruption charges against the former governor today contrary to media reports.
“The trial judge only released Mr. 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,” said the anti-graft agency in a statement signed by its spokesperson, Wilson Uwajaren in its reaction to the ruling of the Abeokuta High Court on Friday morning.
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.