The scheduled trial of former Governor of Ogun State, Gbenga Daniel could not begin Thursday as planned, as the trial judge, Justice Olanrewaju Mabekoje of Ogun State High Court, adjourned the case till November 28, at the instance of the Economic and Financial Crimes Commission, EFCC.
The EFCC’s counsel, Rotimi Jacobs, while expressing desire to amend the charges earlier brought against Daniel, said that, the commission had discovered concrete evidence to nail the former governor, hence, it decided to file application for amendment of the charges.
Jacobs however, sought adjournment of the trial to enable him file the amended charges as well as putting those evidences together for proper trial.
It would be recalled that, Daniel was arraigned before Justice Mabekoje on October 12, by the EFCC on a 16-count charge of stealing, fraudulent conversion and failure to declare assets.
He was however granted bail on October 14, following an application by his counsel, Taiwo Osipitan, in the sum of N500 million by the trial judge, who later fixed yesterday, November 17, for the commencement of the trial.
At yesterday’s hearing, Jacobs told the court that more revelations which emerged from further investigations by the anti-graft agency had necessitated the amendment.
Jacobs, who disclosed that, two of the commission’s witnesses were in court to testify against Daniel, but, he was afraid that, the new discovery will be vital in the trial.
When asked by the judge to react to the oral application of the EFCC’s counsel on adjournment, Daniel’s lead counsel, Taiwo Osipitan who led other three Senior Advocates of Nigeria, SAN’s, to the court said he had no reason to oppose the desire for adjournment by the prosecution, which, consequently, compelled the judge to adjourn the trial till November 28.
While addressing newsmen after the court proceeding, on the necessity of the amendment, Jacobs said that, the commission hurriedly arraigned Daniel so as not to run foul of the constitution, which, according to him, stipulated that, an accused person must be taken to court within 48 hours.
According to him,”we have to rush here while the investigation continued. So we are able to establish at least that, there is a case against him. So, now, when the investigation is about concluded, we now have a very comprehensive case against him.
“So, it is necessary for us to amend, bring all what we have before the court and give him sufficient time to also study what we have. So, that is the reason for it. We have our witnesses in court, we are prepared and ready to go ahead but, the accused person prefers to see all the things against him before proceeding to trial.
“And we agree that we should adjourn, that is why the case was adjourned and it is for both amendment and the trial, and the application will be filed before the next adjourned date, ” EFCC counsel said.
Osipitan, who had apologised on behalf of his client for arriving late to the court, said he decided not to oppose the move by the EFCC for adjournment because “we want to show the whole world that, we have nothing to fear and nothing to hide, we want them to come and ventilate all their grievances.
“ Let them come and put in their documents, we don’t want to shut out anybody, when they come with their documents and we receive their documents, we will adopt the strategy that their documents deserve,”he said.
Osipitan, however berated EFCC for arresting Daniel when the had not concluded its investiogation saying “ as I speak to you, I am aware that they are still investigating, hoping that, before 28, they will finish their investigation, but the law that I know of , is that, you will investigate first, before you arrest, but in this case, they arrested first but were looking for documents and are still looking for documents– arresting anybody arrestable.
But, we are in court, we will wait for them patiently, when they come we will take them on with their documents”Osipitan said, adding that, once the new charges are made available to them, they will go back to the drawing board to re-stategise.
Many of Daniel’s political associates thronged the court premises while numerous loyalists of the former governor were barred from the court vicinity by stern-looking policemen, who cordoned-off roads that lead to the court.
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