THE NATION WEDNESDAY, JANUARY 9, 2013
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NEWS You must answer 38 charges, court tells Daniel
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N Ogun State High Court sitting in Abeokuta, the state capital, yesterday told former Governor Gbenga Daniel that he must answer the 38 charges proffered against him by the Economic and Financial Crimes Commission (EFCC). Daniel is on trial before Justice Olanrewaju Mabekoje for charges bordering on breach of trust, fraudulent conversion of public landed property to personal use, failure to declare his assets truthfully and stealing over N211 million while in office. According to the EFCC, the N211 million was allegedly stolen in tranches. Daniel was accused of building his Conference Hotel in Ijebu-Ode and his Aserudero Court home in Sagamu on landed property designated as judges’ quarters. He was also accused of allocating four hectares of Ogun land in Agbara to his wife, Olunfunke, using her maiden name, Olubunmi Opawole. The former governor pleaded not guilty to the charges and was granted N500 million bail with two sureties in like sum. Through his lead counsel, Prof. Taiwo Osipitan, Daniel applied for the quashing of counts 1-13 of the charge, which bordered on the alleged fraudulent conversion of state landed property to personal use. Justifying the application last December 14, when the court heard it, Mr. Tayo Oyetibo (SAN), one of Daniel’s counsel, argued that a Commission of Enquiry set up by the Ogun State government last September had already indicted Daniel on the alleged offences. Oyetibo accused the state government of vilifying the
From Ernest Nwokolo, Abeokuta
former governor by setting up a Panel of Enquiry to probe land allocations made by the Daniel administration. He said by not waiting for the conclusion of the criminal procedure in court before setting up a Commission of Enquiry, coupled with the issuance of a White Paper on its findings and publicising it in a national newspaper, the state government had put the court in a difficult situation. According to him, counts 1-13 amounts to subjecting Daniel to another round of trial on the same charges and could put him in a situation of double jeopardy. EFCC counsel Rotimi Jacobs (SAN) urged the court to dismiss the application, describing it as absurd and a mere ploy by Daniel to further delay the court’s time and process. The court adjourned proceedings for ruling on the application till yesterday. At the resumed hearing, Justice Mabekoje dismissed Daniel’s application. He said: “There is no basis to grant the order sought by the applicant. It is unjust and unreasonable to grant the application. The issue dealt with by the commission is different from the main issue before the court. “An indictment by a Commission of Enquiry 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. “There is no justifiable evidence to support the argument that the publication is capable of causing double jeopardy. I dismiss the application.”
Oyo CP threatens to demolish Auxiliary’s house From Tayo Johnson, Ibadan
Oni’s appeal suffers setback
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USTED Ekiti State “Governor” Segun Oni’s appeal against yesterday. The matter could not be heard because the Chief Justice of Nigeria (CJN), Justice Mariam Aloma-Mukhtar, observed that the Independent National Electoral Commission (INEC) and its officers, who were joined as respondents, were not served the hearing notice. Oni’s counsel Chief Joe Kyari-Gadzama (SAN) told the court that INEC was a nominal party but deserved to be heard in the interest of fair hearing. He urged the court to grant a short adjournment because of the nature of the case. Ekiti State Governor Kayode Fayemi’s counsel John Baiyeshea (SAN), who appeared with Femi Falana (SAN), did not oppose. Justice Mukthar adjourned the case till March 5.
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Oni is praying the court to set aside the Appeal Court judgment, which removed him from office and declared Fayemi governor. The Court of Appeal, Ilorin Division, gave the judgment on October 15, 2010. The appellants (Oni and the Peoples Democratic Party (PDP)) filed a motion on March 14, 2011, at the Court of Appeal, Ado- Ekiti Division, seeking to set aside the judgment. On February 27, the Court of Appeal dismissed the application. Dissatisfied, the appellants went to the apex court. Oni is challenging his removal on grounds that the suspended President of the Court of Appeal, Justice Ayo Salami, who constituted and presided over the panel, and wrote the judgment sacked him, had close affinity with the National Leader of the
Action Congress of Nigeria (ACN) and former Lagos State Governor Bola Tinubu. Oni alleged that Salami was biased and favoured the ACN. In the brief submitted on behalf of Oni by Prof. Ben Nwabueze (SAN), he argued that bias was enough ground to set aside a judgment. He said: “Bias or likelihood of it makes a decision a nullity and is therefore a sufficient ground for the lower court to set aside its own judgment.” In a preliminary objection, Baiyashea said the Supreme Court does not have the jurisdiction to hear the appeal. He said: “This court has no jurisdiction to entertain this appeal, being an appeal emanating from the decision of the court below in the governorship election petition of Ekiti State arising from the 2007 governorship
election, to which Section 246 (3) of the 1999 Constitution is applicable. “This application is not only frivolous and an abuse of court process, it is a subterfuge for an appeal in the governorship election petition of Ekiti State, from which no appeal lies to this court under the constitutional provision that was then applicable. “Furthermore, the issues formulated on the purported notice of appeal in the brief of argument of the appellants do not relate to the grounds of appeal, in that they are completely at variance with the purported grounds of appeal. “These are multiple errors and or blunders, which in our humble opinion, with due respect, have rendered this appeal incurably bad, grossly incompetent and liable to be dismissed.”
From left: Aregbesola; Secretary, Atakumosa West Local Government, Mr. Disu Oyedele; a contractor with Tage Resources Limited, Mr. Ali Awada; the Director of Works, Mr. Folowosele Abayomi and the Head of Administration holding a cheque...yesterday.
Osun contractors get N5.5b for roads
•11 suspected robbers held YO State Commissioner of Police Joseph Mbu has threatened to demolish the house of a factional leader of the National Union of Road Transport Workers (NURTW), Mr. Lamidi Mukaila, a.k.a. Auxiliary, if he fails to report at the Police Headquarters to explain his role in the clash at Iwo road a year ago, in which many people, including students, were killed. Speaking with reporters yesterday at the Police Headquarters, Eleyele, Ibadan, Mbu said if Mukaila does not surrender himself before the week runs out, his house would be demolished and he would be forcibly arrested. The police chief said: “His rival, Alhaji AbdulLateef Akinsola, also known as Tokyo, has appeared at the police headquarters to explain his role and has been granted bail with reliable sureties while investigation is ongoing. “Auxiliary is still wanted by the police. Until he shows up and explains his roles in the crisis, we would continue to declare him wanted. Tokyo has many cases to answer but we treat him with honour because of his age. He is 63. “He was released on bail after interrogation, having surrendered himself freely for investigation. Whenever we need him he shows up. If he refuses, his guarantors would be called to question. If Auxiliary does not surrender himself, I will look for him and, if I am pushed further, I will demolish his house.” Eleven suspected robbers were paraded. Mbu said five locally made pistols, 1,501 rounds of AK 47 live ammunition, pump action guns, five cars, N91,000, seven mobile phones and clothes were recovered from the suspects. He said a “soldier”, Bada Yusuf, attached to 2 division in Auchi, Edo State, with No. 11NA/66/10245, who was part of a kidnap syndicate, was arrested last Wednesday. Mbu said Bada, dressed in army camouflage, was arrested on the Lagos/Ibadan Expressway while trying to collect ransom from the family of an Indian victim, Mr. Manoj Singh. He said commercial motorcyclists, who carry more than one passenger, would, henceforth, be arrested.
From Kamarudeen Ogundele, Abuja
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SUN State Governor Rauf Aregbesola yesterday said ongoing road projects across the state were aimed at improving the economy. Aregbesola spoke at the State Secretariat, Osogbo, while presenting chegues worth N5.5 billion to major contractors handling the 218km roads being built in all councils. He said a similar amount would be released to the contractors when the projects are 40 per cent completed. The governor said Osun would soon boast of one of the best road network in the country. He said the condition of a country’s roads is a major indicator of its level of development, adding that bad road network causes accidents and have negative health implications. Aegbesola said: “Good roads, on the other hand, will enhance economic activities, bring down the cost of goods and services and reduce wear and tear on vehicles. “Our assault on bad roads
•Aregbesola says good roads’ll boost economy’ From Adesoji Adeniyi, Osogbo
is massive. At the state level, work is ongoing on different road projects, which are at varying stages of completion. This is a demonstration of our resolve. The 218km roads are spread across all the local governments and one Area Office at the cost of N16 billion.” Since 2010, the state government had been saving the Excess Crude Oil (ECO) funds of local governments towards the building of 10km roads in each council. Six million Naira was drawn from the ECO fund savings for the project. The state government helped the local governments to source N10 billion loan from banks to meet up the project cost. The projects were kicked off on December 31, 2012. Roads under construction include eight roads inherited from the past administration, totalling 144.29km; the dualisation of the 43.37km Osogbo-Kwara boundary
‘Our assault on bad roads is massive. At the state level, work is ongoing on different road projects, which are at varying stages of completion’ road and the dualisation of the Gbongan-OrileowuIjebu Igbo road. Others are 15 Ilesa township roads; 14 Ede township roads; 20 inter-city roads totalling 319 km; 13 intra-city roads totalling 79.46km and select roads in six zones totalling 74.1km. The governor said the roads are high quality roads with 50mm asphalt on stone base with concrete drainage where necessary. He denied the allegation by the opposition that his government was arbitrary in awarding the contracts. Aregbesola said contrac-
tors handling the projects were selected on merit from those who passed the prequalification test and had handled projects for the government satisfactorily. He said: “They are still projects of the local governments. Our intervention is only in quality control and financial engineering. The works are still under the superintendence of the councils’ Directors of Works.” The governor urged the contractors to abide by best practice, warning that the government would revoke the contract of anyone found wanting. He said his administration would continue to act in the interest of the people. Commissioner for Local Government and Chieftaincy Affairs Kolapo Alimi urged stakeholders to monitor the contractors. Mr. Ibrahim Shittu of Kofas Engineering Construction, who represented the contractors, sought the support of the host communities and pledged that the projects would be promptly completed.