No, he’s not free – EFCC
By OSCARLINE ONWUAMENYI & DAUD OLATUNJI
It was a victory song for former governor of Ogun state, Otunba Gbenga Daniel yesterday as an Abeokuta High Court sitting in Isabo, quashed all the 43-count charges filed against him by Economic and Financial Crimes Commission, EFCC, for its failure to obtain the court’s consent before filing the charges.

The court presided over by Justice Olanrewaju Mabekoje, described the action of the EFCC  as ‘’a fundamental error. ‘’
EFCC has however, described the issue as a pyrrhic victory for Daniel, saying he had not been been discharged and acquitted by the ruling of an Abeokuta High Court.

Mabekoje said that the prosecution filed criminal charges, against Daniel contrary to Section 430 (2)of 1999 Constitution, which should not have been so, and thereby  quashed the charges.

R- L Otunba Gbenga Daniel, Mr Sina Kawonise former Information Commissioner and Otunba Gbemi Orekoye former SSG inside court room waiting for the judge to come.

Daniel was charged for alleged stealing, diversions of public fund and misappropriation of fund when he held sway as governor of the state, between 2004 and 2011.

A a statement by the EFCC in  Abuja yesterday said, “The EFCC 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 noted that 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 arrested on October 12, 2011 by operatives of EFCC and later arraigned in court on October 14, where he was granted bail in the sum of N500 million by the judge .

At yesterday proceeding, Justice Mabekoje raised the nine contentious issues of jurisdiction, locus standi and legality of the court to hear the case among others pointing out that although, the charges were indictable, the failure of EFCC to obtain the court’s consent before going ahead to file the amended charges made the case a nullity.