A former Governor of Ogun State, Otunba Gbenga Daniel, is seeking the consent of the court to have the charges of embezzlement of funds and diversion of properties of the Ogun State Government brought against him by the Economic and Financial Crimes Commission quashed.
At the resumed hearing of the case at the Federal High Court, Abeokuta, the Ogun State capital, Daniel challenged the jurisdiction of the court, seeking the quashing of the 43-count charge against him.
Daniel’s counsel, Taiwo Osipitan, said the court lacked the jurisdiction to try his client.
In a motion supported by a 37-paragraph affidavit, Osipitan argued that a Federal High Court, though sitting in the state, had no jurisdiction to try his client because the offences were committed in the state.
EFCC’s counsel, Rotimi Jacobs, disagreed with Osipitan.
Jacobs argued: “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 a 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.”
Justice Olanrewaju Mabekoje adjourned further hearing in the matter to today.