THE Judge handling the corruption case against the immediate past governor of Ogun State, Otunba Gbenga Daniel, Justice Olanrewaju Mabekoje of Ogun State High Court,yesterday, at the resumed hearing cautioned officials of the Economic and Financial Crimes Commission, EFCC, over what he called a “grossly misrepresented proceedings of the court.”
This came after the judge watched a Video Compact Disc, VCD, presented by Daniel’s defence team claiming that EFCC had at a Television programme alleged that the court had refused an application sought by Daniel.
The former Governor is facing a 43 count charge.
After the court watched the 5 minutes VCD, the trial judge said: “The EFCC officials, no doubt grossly misrepresented the proceedings of the court. This is unjustified. Particularly since the EFCC is the prosecuting agency.
Inaccurate report of court proceedings in a manner capable of obstructing due administration of justice is a grievous contempt and I am of the view that the conduct of the said officials is capable of scandalising the court. I must state that the court is always under a duty to preserve and protect its authority in the interest of the general public.
“However, having considered the plea of the prosecuting counsel and the submission of the defence counsel, the affected officers are hereby pardoned and that contempt proceeding should not be initiated against them. But they are hereby warned to ensure that court proceedings in any of their programme of the Economic and Financial Crimes Commission are accurately reported in future.
Any conduct which is capable of interfering with the administration of justice or which tends to bring into disrepute the authority or dignity of the court will not be tolerated and shall be appropriately sanctioned.
“The counsels are also advised as ministers in the temple of justice to ensure that nothing is done which can undermine the authority of the court or which can affect the integrity and dignity of the court.
Fortunately, there is assurance from counsel that the source of justice will not be tainted. Inaccurate report made in this case, however, should be retracted by the affected officers in the next edition of the agency’s special programme. The affected officers of the EFCC are hereby discharged.”
The court, at the last proceeding had summoned two officials of the EFCC; Seyi Folarin and Kamilu Gebi over a television programme, allegdly anchored by the duo, on the pending criminal case.
One of Daniel’s counsels, Tayo Oyetibo had pleaded that the court could not properly rule on the matter until it watched the VCD, saying the eyes of counsel to both parties could not be the ‘court eyes’.
However, The EFCC counsel, Rotimi Jacobs had before the judge’s ruling begged for mercy, describing it as a technological error from Head Media of the commission in Lagos.
According to EFCC counsel, “I brought all of them to court, we, people concerned had no foreknowledge whatsoever of the ruling of your lordship. The error emanated from Technology. I confirmed that we made the mistake.
It was innocent publication and the author of it, is Mr. Ayo Oyewole. It has to be corrected. It would be retracted through the same channel. I urge your lordship to allow us to make amends.”
Reacting to EFCC plea, Oyetibo said the act showed that the “authors have looked into the minds of the court and say this is the way it will go. What is gratifying is that, he (EFCC counsel) has not come to defend them, that is the consolation that we have.”
He lamented that the accused had complained of being convicted in the public opinion and urged the court to control the reportage of the proceeding, arguing that failure might force them to buy airtime and air their views.
Meantime, there was a mild drama, after the judge had a stand down for the ruling on the alleged issue, as one of the lawyers of Daniel threw caution into the wind threatening to attack the four EFCC officials who were sitting directly behind Daniel.
It was the intervention of policemen attached to EFCC that stopped the lawyer from attacking the officials.
He however hurled abuses on them for airing what he described as propaganda against his boss.
The court therefore fixed March 2, for the ruling on the application brought by former governor of the state, Otunba Gbenga Daniel seeking to quash the 43 count charge filed by EFCC.
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