Daniel has no case to answer — Defence counsel

The trial of former Governor Gbenga Daniel of Ogun State resumed at a state High Court in Abeokuta, on Thursday, as his lead counsel, Professor Taiwo Osipitan (SAN), argued that his client had no case to answer. Addressing the court, he said that the Attorney General of the Federation had no power to prosecute the accused since the alleged offences were committed in Ogun State. He argued further that Ogun State had not in any way demonstrated or made any complaint against the accused saying “this is not even a case of crying more than the bereaved, but a case of crying when there is no bereavement.This is just like charging an accused under a dead law. How can the Federal Government be complaining on behalf of state and local governments in a federation system? His words: “We are challenging the constitutionality of the Federal Government to prosecute him (Daniel)because the alleged offences were said to have been committed in this state. My Lord, this is a constitutional matter and that all the charges against him are null and void and can’t stand the test of time.

They are based on speculations and suspicions.” Osipitan also said that all the charges were frivolous and were designed to harass and practically dehumanise the accused. After citing many relevant sections of the constitution to back his arguments, he said that the chairman of EFCC was a non-juristic entity and, therefore, not recognised by any law of the land. Osipitan, therefore, prayed the court to quash the charges against the former governor.

However, counsel for EFCC, Rotimi Jacobs, dismissed the claims of Osipitan.He argued that all the authorities cited were mere misconceptions of law and personal opinion. Jacobs argued that Osipitan cannot file an affidavit to challenge the jurisdiction of the court in the issue, because the case cannot be resolved by way of affidavit evidence.

“The only material to be relied on are the charges and the proof of evidence; the said affidavit itself only contains personal opinion and what he thinks should be the position of the law, “ he argued.

He further argued that the EFCC could investigate and prosecute anyone in the country, saying that Osipitan’s argument on jurisdiction and power to try was baseless, and therefore, prayed that the application should be struck out in the interest of the law.

The prosecuting counsel, however, told the court that he would provide relevant authorities to back his case at the next adjourned date. In his ruling, the presiding judge, Jushua Olanrewaju Mabekoje, granted the request of Jacobs and adjourned till Friday (today) for submission of both counsel and ruling on the matter.



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