Former Ogun State Governor Gbenga Daniel yesterday told the State High Court, sitting in Abeokuta, that the Federal Government and its agent – the Economic and Financial Crimes Commission (EFCC) – lack the jurisdiction to try him for alleged offences committed in the state.
Daniel is standing trial before Justice Olanrewaju Mabekoje on a 43-count-charge of stealing, fraudulent conversion of Ogun State property to private use and failure to truthfully declare his assets.
Daniel argued that the Ogun State Government, the Ministry of Justice, the State Attorney–General and the Office of the Directorate of Public Prosecution (DPP) have not petitioned the EFCC regarding any offence committed by him.
His counsel, Prof. Taiwo Osipitan, raised a motion seeking “an order quashing all the 43-count-charges on the grounds that the Federal Government and the Attorney–General of the federation lack “the locus standi” to prosecute or initiate “criminal proceedings” against Daniel regarding alleged offences committed against the Ogun State Government.
Osipitan said the EFCC Chairman, on whose behalf the charges were filed, is a “non juristic entity.”
He argued that only the Independent Corrupt Practices and Other Related Offences Commission (ICPC) has the power to prosecute corruption cases and not EFCC, adding that some of the charges “are illegal and unconstitutional,” as they infringe on Daniel’s right to “silence.”
Osipitan averred that assuming EFCC succeeds with the case, assets recovered would go to the Consolidated Revenue Base of the Federation, thus making the Federal Government the beneficiary instead of the state.
“What is happening is not a case of one crying more than the bereaved, but that of EFCC crying where there is no bereavement. If left unchallenged, it would amount to robbing Peter to pay Paul,” he added.
EFCC’s counsel, Mr. Rotimi Jacobs, citing Wike Vs FGN AP/CA/A/85/C/2009; Comptroller of Prison Vs Adekanye 2002; and NWLR and Amadi Vs FGN 2008; said the anti–graft agency can investigate and prosecute anybody with or without complaints from any quarters.
Arguing that the Federal Government has jurisdiction to prosecute state offences, he said: “The fact that we operate a federation does not mean we should not fight corruption in states. No law says only the AGF should initiate criminal proceedings against anyone.
“It is a misconception of the law to say that only Ogun State or its local governments can complain that its money has been stolen before EFCC can swing into action.”
There was a heated argument between both counsel on whether Daniel should be docked or not when the case was mentioned by the court clerk.
When the case was mentioned, Daniel stood up to signify his presence and sat down.
When the clerk motioned to him to come to the dock, Osipitan, who was accompanied by two Senior Advocates of Nigeria (SANs) – Tayo Oyetibo and Mrs. Titilayo Akinlawon, objected.
He said before Daniel would enter the dock, fundamental issues bordering on jurisdiction of the court and the constitutionality of the charges, have to be resolved. But Jacob insisted that Daniel must go into the dock. Justice Mabekoje went on recess for 40 minutes, and when he returned, ruled that the “accused ought to have entered the dock” and allow his counsel to argue his motion.
He ordered Daniel to go into the dock and the former governor obeyed.
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