By
LamordeThe Economic and Financial Crimes Commission (EFCC) yesterday told the immediate past governor of Ogun State ,Otunba Gbenga Daniel, not to celebrate yet after a state High Court sitting in Abeokuta let him off the 43-count charge of corruption filed against him by the commission on technical grounds.
Daniel was initially slammed with a 16-count charge on October 12,last year and granted bail in the sum of N500million only for the commission to add 27 fresh allegations bringing the total to 43.
The new charges were added by the EFCC without seeking the consent of the court.
It was on the strength of this that Justice Mabekoje quashed the charges yesterday,sending Daniel's camp into jubilation.
The jubilation lasted only a few minutes for the commission issued a statement describing the court's decision as a temporary and pyrrhic victory for the embattled former governor.
Its words: "Contrary to media reports that Otunba Gbenga Daniel has been discharged and acquitted by the ruling of an Abeokuta High Court today, 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 technical grounds that the commission failed to seek the consent of court before filing the amended charges against the former governor.
"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.
Justice Mabekoje had, in his ruling,said :"Since the applicant is charged with indictable offences in the information filed in this case, it is my view that the value of provisions of section 340 quoted above must be shown to have been satisfied by the person bringing the charge.
"It is glaring from the said provisions of the law that no information charging any person with an indictable offence shall be preferred unless by the direction or with the consent of the judge.
"Therefore, where a provision directs that a thing shall be done as in the instant case, the natural meaning is that the procedure must be followed. Failure to comply with the provision will be fatal to the criminal proceedings initiated.
"I, however, hold that this action has not been initiated by due process and upon fulfilment of the condition precedent in exercise of the jurisdiction of the court, the information filed against the applicant is accordingly quashed. In recognizance entered into by him is hereby discharged," he said.
However, the court held further that notwithstanding the quashing of the charges, all other issues raised against him by the anti - graft agency could still come for determination in future if the EFCC puts its house in order.
An elated Daniel was reticent in victory when he spoke to reporters.
"God is on the throne. We thank God, no more comment," he said.
EFCC's counsel, Mr Rotimi Jacobs, said what happened should not warrant jubilation from anybody.
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