The Economic and Financial Crimes Commission has said it will immediately file afresh the charges of corruption against a former Governor of Ogun State, Otunba Gbenga Daniel, which was dismissed today on technical grounds by a state High Court, sitting in Abeokuta, the Ogun State capital.
The EFCC, in a statement by its acting Head, Media and Publicity, Wilson Uwujaren, said that contrary to reports in some sections of the media that Daniel was discharged and acquitted by the ruling of the court, it “wishes to clarify that the ruling of Justice Olanrewaju Mabekoje was not a discharge and acquittal of the former Ogun State Governor.
“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.”
The EFCC said since it was the process for filing the charges that the court was against, it was prepared to file the charges afresh immediately.
The statement added: “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.”
Daniel was first arraigned on October 12, 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 October 14, 2011 in the sum of N500 million and two sureties in like sum.
The charges were later amended to 43 counts.
Mabekoje, however, in his ruling today, said the EFCC did not follow due process in the filing of the amended charges.
He thus threw out the case on that ground, advising the EFCC to file the charges afresh, following laid down procedures, if it wants the case heard.