23 February 2013

Nigeria: Daniel Heads for Appeal Court Over Ruling

Former Governor of Ogun State, Gbenga Daniel, who is facing corruption charges, Friday filed an appeal against the ruling where the court refused to quash the charges pressed against him contrary to his application.

He therefore Prayed the Court sitting in Isabo, Abeokuta to stay proceeding on count 1-13 concerning criminal charges on alleged abuse of land administration filed against him by the Economic and Financial Crimes Commission, EFCC.

The trial judge, Justice Olarenwaju Mabekoje had struck out the application filed by Daniel which urged the court to quash count 1-13 on the ground that the state government had maligned him by publishing the report of a panel of enquiry on land matters.

Daniel, through his counsel, Prof. Taiwo Osipintan said he had filed an appealed against the ruling of the lower court which rejected his plea to quash the charges.

However, at Friday's proceedings, which had been for the continued hearing of the 38 count charge filed against Daniel by the anti-graft commission since 2011, Daniel's counsel said he had just filed a motion of stay of proceeding on the matter.

According to Osipintan, "the last time we were in court, there was a ruling whether to quash the count 1-13 or not, this issue has been decided by a panel.

"His lordship ruled against us, and based on advice and instructions we have appealed against the ruling. If the appeal succeeds, they will not try count 1-13 but if it does not, the trial will continue. But, the law is that where you have raised such an appeal, then, the court should stay the action."

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