Dimeji Kayode-Adedeji, Abeokuta
A temporary relief yesterday came the way of the former Ogun state governor, Otunba Gbenga Daniel, as the High Court sitting in Abeokuta, quashed the 43-count charge brought against him by the Economic and Financial Crimes Commission (EFCC) just as the commission was given another opportunity to re-file application against him.
The judge Olanrewaju Mabekoje, in his ruling on whether the commission has right to prosecute Daniel as being contested by his lawyers, declared that the commission committed a fundamental constitutional error by not seeking the leave of the court before dragging the former governor to court.
In view of this, Justice Mabekoje posited that the action against Daniel did not follow due process and consequently quashed them, but quickly added that the issues raised in the allegations by the commission which he (Mabekoje) said he refrained commenting on as at the time of ruling, may still be considered for determination if the EFCC puts its house in order.
The judge maintained that all the offences against Daniel are indictable offences, noting that the act that established EFCC has no laid down guidelines or procedure to be followed in any criminal matter and that the criminal law in the country is quite applicable.
Reacting to the ruling, Rotimi Jacobs, counsel to EFCC, said the commission would in earnest take to the correction and in due course address the loop-holes found.
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