Gbenga Daniel Tried His Best To Stop It But His Trial Is Now Going Forward

Posted on January 9, 2013 by

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An Abeokuta High Court struck out an application by former governor Otunba Gbenga Daniel (OGD) yesterday. The aim of said application was to quash some of the charges leveled against him by the Economic and Financial Crimes Commission, specifically counts 1-13 of the 38 charges levelled against him. They relate to the fraudulent conversion of state land. Apparently, the EFCC contended that he needed a larger area to shot-put in. Hence the alleged conversion.

I kid.

Speaking through one of what must be an army of lawyers, Otunba argued that a commission of enquiry set up by the Ogun State government had already indicted him on similar charges and made recommendations to the state which were duly accepted by the publication of a white paper. He further argued that prosecuting him again would amount to double-jeopardy. The Judge, like us, thought: “Well that’s a load of bollocks!”

In his ruling, Justice Olanrewaju Mabekoje said that a judicial commision of enquiry could never be elevated to the status of a court of law. He said:

“The mere fact that the accused person has been indicted does not mean he has been convicted of the crime. There is no justifiable evidence to support argument that the publication is capable of causing double jeopardy.

“Findings should not be allowed against anybody in any criminal or civil law. The issue is dealt with by the Commission is different from the issue before the court. An indictment by a Commission of Inquiry does not amount to conviction. The accused person was not tried for criminal offences. Only a court of law can try an accused for criminal charges.”

Let the people say “GBAM!”

 Bottom-line is that OGD is gonna face trial for alla dem 38 counts.

Via Vanguard Nigeria 

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