Former Ogun State Governor, Otunba Gbenga Daniel, has been cleared by the police over alleged threat to the life of a banker and principal witness of the Economic and Financial Crimes Commission (EFCC), Mr. Babatunde Adeluola.
Daniel is standing trial on a 38-count charge of alleged stealing, false declaration of assets and fraudulent conversion of lands preferred against him by the anti-graft agency.
At the resumed trial of the ex-governor at a State High Court sitting in Abeokuta yesterday, the presiding judge, Justice Olanrewaju Mabekoje, said the outcome of police investigation had foreclosed the controversy surrounding the allegation of threat to life made by the EFCC.
The EFCC counsel, Rotimi Jacobs (SAN), had on June 5, informed the court that Adeluola, a Business Development Manager of Skye Bank and the commission’s Principal Witness 1 in the ongoing trial of Daniel, was absent because he had received threat messages after the previous hearing on May 7.
But during cross-examination by Daniel’s lead counsel, Professor Taiwo Osipitan (SAN), the principal witness had denied that the former governor threatened him.
Following the arguments that ensued between the defence and prosecution counsel over the denial of threat to life by Adeluola, Justice Mabekoje had ordered the EFCC to lodge a formal complaint at the Divisional Police Station, Ibara, Abeokuta on the allegation, adding that the police should make their findings available to court.
But reading the report of the police investigation into the matter, Justice Mabekoje disclosed that the Ibara Divisional Police Officer had made available his findings to the court before the close of last legal year.
He said the report confirmed that the commission’s principal witness was never threatened by anyone during and after he gave evidence against Daniel.
The judge said: “I received a report from the DPO Ibara in respect of the matter about a witness. The witness, PW1, maintained that he was not threatened by anybody and the conclusion made by the police is to the effect that there was no time that Adeluola Babatunde was threatened directly or indirectly during and after the court proceedings of 7th of May, 2012 and 9th of June, 2012 based on the statement made by the witness that he was never threatened. I want counsel to regard this matter as closed. You can apply for the CTC (Certified True Copy) of the report.”
Earlier, another prosecution witness, Mr. Sunday Esezobor, said there was no lodgement of money of Ogun State government into the accounts operated by Kresta Laurel Nigeria Limited, a private engineering firm owned by Daniel.
Esezobor, a Compliance Officer with Zenith Bank Plc, while being cross-examined by Osipitan, told the court that he could not confirm whether any suspicious or unusual lodgement of funds was made into the accounts of Kresta Laurel between 2004 and 2011.
“From the statement I have with me, there was no cheque from the Ogun State government lodged into the account between 2004 and 2011,” Esezobor, who stated that Daniel is the sole signatory of the account, told the court.
The bank official, who said the account was still active, declared that at no time did regulatory or security agencies query any transaction in the account.
However, Osipitan disclosed that the account had been opened in 1997, well before Daniel assumed office as governor.
The defence counsel said some of the lodgements, which the EFCC highlighted, were transactions between Krestal Laurel and some of its clients in the normal course of business between firms.
Also yesterday, Osipitan filed a motion on notice, seeking an order of the court to strike out counts one to 13 of the charges brought against Daniel by the EFCC.
He said the counts one to 13, bordering on allegation of fraudulent conversion of land, had already been determined by the Ogun State government through the setting up of its Judicial Commission of Inquiry into land allocation, acquisition, sales and concessions between January, 2004 and May, 2011.
The defence counsel maintained that subjecting the applicant to trial on the first 13 charges “would amount to double jeopardy.”
Before adjourning the hearing on the application to November 9, Justice Mabekoje asked both counsel to submit written addresses in respect of the motion on notice.
“A written address of the defence shall be filed on or before Wednesday 24 October, 2012 while the prosecution shall file its counter-affidavit and written address not later than Tuesday 30th October, 2012 upon being served the said motion by the defence counsel,” he added.
Meanwhile, the ongoing corruption trial assumed a new dimension yesterday as PDP chieftains hitherto belonging Prince Buruji Kashamu and Senator Jubril Martins-Kuye groups within the party stormed the court in apparent solidarity with Daniel.
In attendance were former Minister of Mines and Steel Development, Alhaji Sharafa Isola; State PDP Secretary, Alhaji Semiu Sodipo, former Secretary, Chief Pegba Otemolu, Senator Tunde Osholake, and Mr. Segun Sowunmi, among others.
The presence of the PDP chieftains, who had not attended any of the previous proceedings, may not be unconnected with the ongoing reconciliation and recent unification of three factions within the party.
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