A Former Ogun State Governor, Gbenga Daniel, on Friday told the High
Court in Abeokuta that his successor, Ibikunle Amosun, wants him jailed
at all cost.
Mr. Daniel is being prosecuted by the Economic and
Financial Crimes Commission, EFCC for mismanaging N200 million of state
funds while he was governor (2003-2011).
However, at the resumed hearing, counsel to the accused, Tayo Oyetibo,
while asking for the quashing of counts 1 to 13 preferred against his
client, told the Abeokuta High Court that the Ogun State Government was
vilifying Mr. Daniel by setting up a commission of enquiry to probe land
administration under the former governor.
He argued that Mr.
Amosun’s administration did that while at the same time giving the
Economic and Financial Crimes Commission, (EFCC), the fiat to try him
for the same offence.
Mr. Oyetibo, a Senior Advocate of
Nigeria, said that by not waiting for the conclusion of the criminal
procedure and hurriedly setting up a commission of enquiry, issuing a
white paper on its findings and giving it wide publicity, the government
of Ogun State has put the court in a very difficult situation.
He further argued that the action showed that the Government was in a hurry to try and convict the respondent.
Mr. Oyetibo said since the report of the commission had already been
widely published and publicised, it has put the court at the risk of
condemnation whichever way it exercises its discretion on the charges in
contention.
He said it would also deny Mr. Daniel fair hearing
because the commission’s report and the white paper issued by the
government has heightened public condemnation of the respondent.
The counsel said by setting up the commission, accepting and publishing
its finding via a white paper, the Ogun State Government wants to send a
message to the court that it has no option than to follow suit.
He said the Ogun State Government; the victim of the alleged crime as
well as the principal complainant, by its action has perverted the legal
process when the criminal procedure was still ongoing.
The
lawyer said the action of the government was therefore a deviation from
established legal norms and therefore urged the court to strike out the
charges, stay proceedings on them, or adjourn proceedings in the
interest of fair hearing and acceptable legal norms.
The
counsel to EFCC, Rotimi Jacobs, countered by arguing that the Ogun State
Government was not a party to the proceedings and as such could not
have committed any contempt.
He said the commission of enquiry
was set up in pursuant to the powers of state and the publicity given to
the white paper would not affect the ongoing procedure at the High
Court.
The judge, Olanrewaju Mabekoje, after listening to the
counsels fixed January 8, 2013 for ruling on the application for the
quashing of the charges. (Premium Times)
However, at the resumed hearing, counsel to the accused, Tayo Oyetibo, while asking for the quashing of counts 1 to 13 preferred against his client, told the Abeokuta High Court that the Ogun State Government was vilifying Mr. Daniel by setting up a commission of enquiry to probe land administration under the former governor.
He argued that Mr. Amosun’s administration did that while at the same time giving the Economic and Financial Crimes Commission, (EFCC), the fiat to try him for the same offence.
Mr. Oyetibo, a Senior Advocate of Nigeria, said that by not waiting for the conclusion of the criminal procedure and hurriedly setting up a commission of enquiry, issuing a white paper on its findings and giving it wide publicity, the government of Ogun State has put the court in a very difficult situation.
He further argued that the action showed that the Government was in a hurry to try and convict the respondent.
Mr. Oyetibo said since the report of the commission had already been widely published and publicised, it has put the court at the risk of condemnation whichever way it exercises its discretion on the charges in contention.
He said it would also deny Mr. Daniel fair hearing because the commission’s report and the white paper issued by the government has heightened public condemnation of the respondent.
The counsel said by setting up the commission, accepting and publishing its finding via a white paper, the Ogun State Government wants to send a message to the court that it has no option than to follow suit.
He said the Ogun State Government; the victim of the alleged crime as well as the principal complainant, by its action has perverted the legal process when the criminal procedure was still ongoing.
The lawyer said the action of the government was therefore a deviation from established legal norms and therefore urged the court to strike out the charges, stay proceedings on them, or adjourn proceedings in the interest of fair hearing and acceptable legal norms.
The counsel to EFCC, Rotimi Jacobs, countered by arguing that the Ogun State Government was not a party to the proceedings and as such could not have committed any contempt.
He said the commission of enquiry was set up in pursuant to the powers of state and the publicity given to the white paper would not affect the ongoing procedure at the High Court.
The judge, Olanrewaju Mabekoje, after listening to the counsels fixed January 8, 2013 for ruling on the application for the quashing of the charges. (Premium Times)
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