The judge described the prosecution as malicious as the anti-fraud agency should not make use of state fiat to prosecute a governor for an action protected by federal legislation…
The Court of Appeal on Tuesday discharged and acquitted former Governor of Ogun State, Otunba Gbenga Daniel on all 15 charges levelled against him by the Economic and Financial Crime Commission, EFCC.
The Ibadan Division of the appeal court ended the eleven-year-old litigation against Daniel following its verdict.
Justice Yargata Nimpar, who read the judgment, found merit in the eight issues brought to the court by the ex-Ogun governor against the EFCC and acquitted him on all counts.
The judge described the prosecution as malicious as the anti-fraud agency should not make use of state fiat to prosecute a governor for an action protected by federal legislation like the Land Use Act as it empowers the governor to allocate land to all Nigerians, including churches and for all purposes.
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The court also noted that Daniel was tried in Abuja for a supposed crime purportedly committed against Ogun, as such the trial court lacked jurisdiction to try him.
Daniel, fondly called OGD by associates and political supporters, had earlier approached the appellate court after a lower court dismissed his no-case submission on charges bordering on asset declaration, land allocation, and corrupt enrichment among others.
The trial had faced multiple setbacks following the failure to present witnesses.
Daniel was arraigned on October 12, 2011, on 43-count charges of allegedly stealing and mismanaging about N7 billion as Ogun governor.
On April 16, 2012, Daniel was re-arraigned on a 38-count charge for allegedly stealing and mismanaging N211.3 million, after the court dismissed the earlier case over the failure of EFCC to seek leave of court to amend the information it had presented.
