EFCC Reboots Case Against Gbenga Daniel

The Economic and Financial Crimes Commission, EFCC, Monday at the Ogun State High Court, Isabo, Abeokuta, re-arraigned the former governor of the state, Otunba Olugbenga Daniel on a fresh 38-count charge of fraudulent conversion of land, failure to declare assets, stealing and corruptly obtaining properties.

Daniel pleaded not guilty to all the counts.

Arguing for his bail in an application, counsel to Daniel, Prof. Tayo Oyetibo, SAN, said that he had filed a reply to the counter-affidavit filed by the EFCC opposing the application.

Oyetibo said a written address dated 16 April 2012 had also been submitted.

He frowned at the procedure being taken by the EFCC in opposing the bail application for his client.

Oyetibo said, “the content of the counter-affidavit constitutes a fresh abuse of the process of the court. I submit that the process filed to annoy or harass a litigant is an abuse of the process of the court. It is also an abuse of the court to premeditate or organise vendetta. I therefore submit that the most important thing for granting bail to an accused person is to ensure that he showed up whenever he is needed. Bail is a contract between the government and the accused. This is a peculiar case because this is not the first time the accused person will be appearing before your Lordship, Sir. I therefore urge the honourable court to grant the accused bail.”

The defence counsel also alleged that the EFCC is not serious about the case as they have levelled several allegations against Daniel which they have not come out to defend.

He said, “I am not sure the EFCC know what they are doing. The former EFCC chairman Farida Waziri had alleged that Daniel stole N58 billion from the coffers of Ogun State. During the proceedings last year, nobody mentioned the said amount. And EFCC never apologised to the applicant after they had told the whole world that he stole N58 billion. Later they alleged he stole $8 million and N5.5 billion which was not proved by the EFCC. Now they accused him of stealing N211 million and land in Ogun State and not in Abuja or Port Harcourt.

“Also, when the first bail application was tendered, they accused Daniel of having a killer squad. They based their submission on a counter-affidavit which was deposed to by a police officer, Danladi Data. For someone to have a killer squad is a felony offence. Why does the police officer not report to his boss, the Inspector-General of Police? Newspapers went to town with the story. But up till today, nobody has been arrested as a member of Daniel’s squad. We have decided to report the police officer (Data) to the Police Service Commission. To lie on oath is a criminal offence that is why we are not going to take it lightly with Data.

“We are drawing the attention of this honourable court to these harassments, so that it can take notice of them. It is a way to forestall quick disposal of the matter. Also, EFCC is making what I can refer to as uncharitable reference to the death of Apagun Olumide. There was no time that the EFCC had the intention to use Olumide as their witness. And Olumide had made absolutely no statement against Daniel. EFCC are trying to use political connotation, acting in collaboration with the political opponents of the applicant to frustrate the quick disposal of the matter.”

Responding, EFCC counsel, Rotimi Jacobs, opposed the bail application, saying he relied on the 22-paragraph sworn to by Danladi Data.

Jacobs said the reply to the counter affidavit was published this morning in the Compass newspaper.

He added that part of the charges have been released to Compass newspapers allegedly owned by Daniel.

Jacobs said, “all the arguments raised by my learned friend, are just an attempt to soil the hand of the deponent. It is an attempt to cover up something. He alleged that the Ogun State government is sponsoring the proceedings. And he cannot prove it.

“He also alleged that there was an attempt to poison the accused person while in the custody of the EFCC. The arguments were not meant for this purpose but to misinform the general public. The complainants, the petition and investigation had been concluded before the last general elections, while the accused was still the governor of Ogun State. This is not a political trial. It is a serious offence.

On the N5.5 billion allegation, Jacobs said it is not the figure that matters, but the fact that surrounded it.

“My Lord, the matter should not be politicised or triavilised but should be taken seriously. All the arguments cannot apply to criminal trial. As at this morning, I still received three e-mails that their lives are in jeopardy.

“All the witnesses are expressing fear. The issue of bail is at your lordship’s discretion. If you want to grant bail as you have done in the past, there must be conditions attached to it to ensure that the lives of witnesses are protected.”

In his ruling, Justice Olanrewaju Mabekoje stated that having looked at the arguments from both counsel, he intended to remand the accused person.

But his lead counsel, Oyetibo pleaded that he alongside three other lawyers, Kunle Kalejaiye, SAN, Mrs. Titi Akinlawon, SAN, and former Attorney-General in the state, Akin Osibajo, be allowed to write an undertaking to allow the accused person go to his house and come from there at the next adjourned date.

As at press time, Justice Mabekoje was inside his chamber writing his ruling on the bail application.

On Friday 2 March, an Abeokuta High Court threw out the a 43-count criminal charge filed by the Economic and Financial Crimes Commission, EFCC against Daniel

The 43-count criminal charge included stealing of public funds, illegal deduction of local government funds and diversion of public funds.

While throwing out the case last month in Abeokuta, the Ogun state capital, southwest Nigeria, the presiding judge, Justice Olanrewaju Mabekoje said that the appellants had failed to follow the constitutional provision required to file information containing indictable offences.

Mabekoje said: “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 fulfil the constitutional provision, the court cannot go on to hear the case unless the right thing is done.”

In his reaction, EFCC Counsel Rotimi Jacobs (SAN), described the judgment as a “pyrrhic victory” for the accused, adding that Mr. Daniel was not yet off the hook.

“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.”

Mr. Taiwo Osipitan, counsel to the defendant, described the judgment as a victory for democracy.

Supporters of Governor Daniel present at the court premises celebrated the outcome of the case as they sang praises of the former governor while excoriating the EFCC officials.

Daniel had pleaded not guilty to the 16-count charge of alleged stealing of public funds, illegal deduction of local government funds and diversion of public funds when he was initially arraigned in court on 6 October 2011.

He also pleaded not guilty to allegations of false declaration of assets.

On 27 November 2011, additional new charges were filed by the EFCC against him, bringing a total of 43-count charge against the former governor.

—Abiodun Onafuye/ Abeokuta