TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Saraki faces fresh CCT trial, to appeal at Supreme Court

The Citizen by The Citizen
December 13, 2017
in Headlines, Latest News
A A
0
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

The Abuja Division of the Court of Appeal, on Tuesday, nullified the acquittal ruling of the Code of Conduct Tribunal (CCT) handed down in favour of Senate President Bukola Saraki on false declaration of assets, in June this year.

Delivering a unanimous judgment in the appeal filed by the Federal Government against the Senate President’s acquittal, the three-man panel of the Court of Appeal, headed by Justice Tinuade Akomolafe-Wilson, dismissed 15 out of the 18 counts filed before the CCT.

The Court of Appeal held that the prosecution failed to lead sufficient evidence in support of the 15 grounds.

Meanwhile, Saraki has indicated his readiness to approach the Supreme Court to challenge the validity of the three counts upheld by the Court of Appeal against him.

A statement by his Chief Press Secretary, Mr. Sani Onogu, quoted Saraki’s counsel, Mr. Paul Usoro (SAN), as saying the judgment would be studied and that the apex court would be invited to adjudicate on the three charges with a view to getting them nullified.

But the court ruled that Saraki, a former Governor of Kwara State, had a case to answer with respect to three of the counts numbered 4, 5 and 6.

Justice Akomolafe-Wilson, who prepared and read the lead ruling, held that there was “ample” evidence, led by the prosecution, to warrant the Senate President to open his defence in respect of the three counts.

With the Tuesday’s judgment of the Court of Appeal, Saraki will now return to the CCT to open his defence in respect of the three counts.

“It is ordered that this case be remitted to the Code of Conduct Tribunal for the respondent (Saraki) to enter his defence,” the Court of Appeal ruled.

In Count 4,  which was sustained by the Court of Appeal, Saraki was accused of making false asset declaration at the end of his tenure as the governor of Kwara State in 2011 and on assumption of office as a Senator in 2011 in respect of a property at 17A McDonald, Ikoyi, Lagos.

The prosecution contended that the defendant falsely declared to have acquired the Ikoyi property on September 6, 2006, from the proceeds of sale of rice and sugar.

In Count 5, the prosecution accused Saraki of making false asset declaration at the end of his tenure as the governor of Kwara State in 2011 and on assumption of office as a Senator in 2011, when he declared that he acquired the property at 17B McDonald, Ikoyi Lagos, on September 6, 2006 from the proceeds of sale of rice and sugar.

In Count 6, the prosecution also accused Saraki of making a false declaration in his Asset Declaration Form at the end of tenure as governor of Kwara in 2007 and on assumption of office as governor in 2007 by failing to declare his outstanding loan liabilities of N315,054,355.92 out of the loan of N380,000,000 obtained from Guaranty Trust Bank Plc.

Delivering judgment on Tuesday, Justice Akomolafe-Wilson held that there was “direct evidence” from the testimony of first, second and fourth prosecution witnesses supporting the three counts.

The two-man panel of the CCT, headed by Danladi Umar, had, on June 14, 2017, upheld the no-case submission filed by Saraki after the prosecution, led by Mr. Rotimi Jacobs (SAN), closed its case with four witnesses and 48 documentary exhibits.

Upholding the no-case submission, the tribunal dismissed the amended 18 counts preferred against Saraki on the grounds that the prosecution was unable to establish any prima facie case against the Senate President.

Umar, in his lead ruling, exonerated Saraki, holding that failure of the prosecution to obtain Saraki’s statement and make it a part of the proof of evidence was fatal to the case.

He adjudged as “absurd” that neither Saraki’s statement nor the report of investigation, said to have been carried out, was produced before the tribunal.

He agreed with the defence team, led by Chief Kanu Agabi (SAN), that the prosecution’s evidence had been manifestly discredited during cross-examination by the defence.

But the Office of the Attorney General of the Federation, through Jacobs, on June 20, 2017, filed 17-grounds notice of appeal against the CCT’s judgment.

The Federal Government faulted all the grounds on which the CCT predicated Saraki’s acquittal, describing the entire judgment as unreasonable and unconstitutional.

Jacobs subsequently filed an appellant’s brief on July 28, 2017 formulating five issues for determination.

Justice Akomolafe-Wilson, in her judgment on Tuesday, resolved four out of the five issues formulated for determination against Saraki and only one against the appellant, the Federal Government.

The only issue resolved in favour of Saraki and against the appellant was that the appellant was wrong to have contended that the burden of proof in the case of false asset declaration was on the defendant and not the prosecution.

The court held that there was nothing in the constitution that placed the burden of proof on the defendant presumed to be innocent until proven guilty.

But the court agreed with Jacobs, affirming the legality of the joint investigation team comprising the operatives of the Economic and Financial Crimes Commission, the Department of State Services and the Code of Conduct Bureau, set up to investigate the case.

Restating the earlier decision of the Court of Appeal, Justice Akomolafe-Wilson said, “There is also nothing wrong or any law preventing the Code of Conduct Bureau, an agent of the Federal Government, from collaborating or acting in concert with any other organs of the Federal Government which are also engaged in investigation and prosecution of criminal matters in order to achieve its mandate under the Constitution and the law.”

The court held that the tribunal was wrong to have held that Saraki was not invited to make a statement in the course of investigating the allegations against him.

It said the Senate President actually made a statement in the course of investigation, which was tendered and admitted by the tribunal as Exhibit 46.

The court also faulted the tribunal for holding that the prosecution failed to prove its case by not tendering the original copies of Saraki’s assets declaration forms and his statement.

It said the Certified True Copies of the forms and statement were sufficient under the law to be admitted as exhibits in favour of the prosecution.

On whether the tribunal was right to have upheld Saraki’s no-case submission, the appellate court resolved the issue against Saraki.

The court also held that the allegation that Saraki was operating a foreign account as a public officer was not proved.

It held that the prosecution failed to prove that the American Express Service Europe Limited, with whom Saraki allegedly kept an account, was a bank.

It held that the prosecution also failed to tender the credit card which it claimed Saraki obtained from AMEX.

Also, the Kwara State chapter of the APC, on Tuesday, said Saraki would be vindicated at the end of the legal journey.

The party, in a statement, by its state Publicity Secretary, Alhaji Sulyman Buhari, stated that it welcomed the appellate court judgment.

Buhari said, “Though we do not agree with the section of the judgment which ordered the retrial of the Senate President on three of the counts at the CCT.

“However, the party is convinced the three charges, which the appellate court sustained, will not survive legal scrutiny at the Supreme Court. Soon, the charges will fall like a pack of cards at the Supreme Court.

“It bears repeating that our belief remains unshaken. We strongly believe the Senate President will emerge victorious at the end of the legal journey.” – Punch.

Share9Tweet6
Previous Post

Dethronement notice: Threat to my throne a slap in the face of Ibadan people – Olubadan replies kingmakers

Next Post

Senators’ Forum: Northerners not poor, not afraid of restructuring – Masari

Related Posts

Kano govt declares 24-hour statewide curfew as tribunal sacks governor
Headlines

Kano govt declares 24-hour statewide curfew as tribunal sacks governor

September 20, 2023
Another court order stops imminent labour strike
Headlines

FG allays fears of indefinite labour strike

September 20, 2023
BREAKING: Ondo Assembly begins impeachment process of Akeredolu’s deputy
Headlines

BREAKING: Ondo Assembly begins impeachment process of Akeredolu’s deputy

September 20, 2023
Increasing rate of kidnapping in Enugu unacceptable, says Ohanaeze
Latest News

Increasing rate of kidnapping in Enugu unacceptable, says Ohanaeze

September 20, 2023
UN General Assembly: Tinubu seeks better deal to end extremism, Africa’s exploitation
Headlines

UN General Assembly: Tinubu seeks better deal to end extremism, Africa’s exploitation

September 20, 2023
Outrage as LUTH doctor dies after 72-hour non-stop shift
Latest News

Outrage as LUTH doctor dies after 72-hour non-stop shift

September 20, 2023
Next Post

Senators’ Forum: Northerners not poor, not afraid of restructuring – Masari

2019: Ekweremadu, Nwodo, Southern governors, others to address Igbos Thursday

2019: Ekweremadu, Nwodo, Southern governors, others to address Igbos Thursday

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Ondo senator appoints 100 PAs, awards N300k to each constituent

Ondo senator appoints 100 PAs, awards N300k to each constituent

by The Editor
September 20, 2023
0

...

Obasanjo laments insecurity on Nigeria roads, railways, airports

Yoruba Obas Forum insists on Obasanjo’s public apology

by The Editor
September 19, 2023
0

...

Cult clash: Sagamu LG imposes dusk-to-dawn curfew on motorcycle, tricycle operations

Cult clash: Sagamu LG imposes dusk-to-dawn curfew on motorcycle, tricycle operations

by The Editor
September 18, 2023
0

...

Rivers council boss bans commercial tricycle operations over insecurity

Rivers council boss bans commercial tricycle operations over insecurity

by The Editor
September 16, 2023
0

...

APPOINTMENTS

Gov. Otti makes 14 new appointments

Gov. Otti makes 14 new appointments

by The Editor
September 20, 2023
0

...

Tinubu appoints Hakeem Baba-Ahmed as Special Adviser

Tinubu appoints Hakeem Baba-Ahmed as Special Adviser

by The Editor
September 18, 2023
0

...

Gov. Zulum appoints new Rector for Ramat polytechnic

Gov. Zulum appoints new Rector for Ramat polytechnic

by The Editor
September 18, 2023
0

...

Tinubu appoints Zaccheus Adedeji as FIRS Acting Chairman

Tinubu appoints Zaccheus Adedeji as FIRS Acting Chairman

by The Editor
September 14, 2023
0

...

ODDITIES

59-year-old man gets life imprisonment for raping two daughters

59-year-old man gets life imprisonment for raping two daughters

by The Editor
September 19, 2023
0

Guard allegedly impregnates three students in Anglican school

Guard allegedly impregnates three students in Anglican school

by The Editor
September 15, 2023
0

Gunmen attack Rivers TV, radio stations

Man kills father with pestle in Rivers State

by The Editor
September 8, 2023
0

State of the States

2023 presidency: Ogun Governor dumps Tinubu for Osinbajo

Gov. Abiodun directs payment of N1bn gratuity to pensioners

by The Editor
September 20, 2023
0

...

Subsidy: Delta governor approves palliatives for students

Subsidy: Delta governor approves palliatives for students

by The Editor
September 20, 2023
0

...

Plateau govt to reactivate rail transport in city masterplan

Plateau govt to reactivate rail transport in city masterplan

by The Editor
September 20, 2023
0

...

Insecurity: We’ll fish out killers of soldiers, policemen in Imo – Gov Uzodinma

Insecurity: We’ll fish out killers of soldiers, policemen in Imo – Gov Uzodinma

by The Editor
September 20, 2023
0

...

  • Trending
  • Comments
  • Latest
UK licenses 266 Nigerian doctors in two months

UK licenses 266 Nigerian doctors in two months

August 3, 2022
US govt reaches agreement with Niger junta, resumes drone aircraft, crewed aircraft operations

US govt reaches agreement with Niger junta, resumes drone aircraft, crewed aircraft operations

September 16, 2023
Coup: Russia warns ECOWAS, others against Niger intervention threats

Coup: Russia warns ECOWAS, others against Niger intervention threats

August 2, 2023
Fed Govt orders telcos to reverse hike in call, data rates

NCC sets record clear in alleged leakage of Obi-Oyedepo call

April 4, 2023

Air Peace begins operations, offers airfare to Armed Forces personnel

170

Diezani breaks silence, reveals side of story in 3-part exclusive interview

26

FG’s N4trn contractual debts under Jonathan – National Mirror

21

2015: Washington Post condemns Jonathan for campaign slogan

20
Kano govt declares 24-hour statewide curfew as tribunal sacks governor

Kano govt declares 24-hour statewide curfew as tribunal sacks governor

September 20, 2023
Another court order stops imminent labour strike

FG allays fears of indefinite labour strike

September 20, 2023
2023 presidency: Ogun Governor dumps Tinubu for Osinbajo

Gov. Abiodun directs payment of N1bn gratuity to pensioners

September 20, 2023
BREAKING: Ondo Assembly begins impeachment process of Akeredolu’s deputy

BREAKING: Ondo Assembly begins impeachment process of Akeredolu’s deputy

September 20, 2023

GLOBAL NEWS

Nguema swears in as Gabon transitional head of state

Coup: Gabon gets partial suspension from Commonwealth

by The Editor
September 20, 2023
0

...

Tunisia suffers nationwide power cut

Tunisia suffers nationwide power cut

by The Editor
September 20, 2023
0

...

Rwanda Pres. Kagame readies run for fourth term

Rwanda Pres. Kagame readies run for fourth term

by The Editor
September 20, 2023
0

...

Saudi Arabia bars foreign pilgrims from Hajj due to COVID

2024 Hajj: Saudi Arabia allocates 95,000 slots to Nigeria

by The Editor
September 19, 2023
0

...

ECOWAS moves to implement Lagos-Abidjan Highway project

ECOWAS moves to implement Lagos-Abidjan Highway project

by The Editor
September 19, 2023
0

...

EDITORIAL REVIEW

Teachers in private schools – Thisday

Teachers in private schools – Thisday

by The Editor
September 20, 2023
0

Reining-in boat mishaps in Nigeria – Vanguard

Reining-in boat mishaps in Nigeria – Vanguard

by The Editor
September 20, 2023
0

Rising cultism menace should be crushed – Punch

Rising cultism menace should be crushed – Punch

by The Editor
September 19, 2023
0

Nigeria’s infrastructure deficit needs attention – Punch

Nigeria’s infrastructure deficit needs attention – Punch

by The Editor
September 18, 2023
0

Nigeria’s literacy rate still too low – Punch

Nigeria’s literacy rate still too low – Punch

by The Editor
September 8, 2023
0

Opinion

Nigeria Immigration Service and hire purchase passports

Nigeria Immigration Service and hire purchase passports

by The Editor
September 5, 2023
0

...

Sudan crisis: Security threats and implications for Nigeria and beyond

Sudan crisis: Security threats and implications for Nigeria and beyond

by The Editor
August 30, 2023
0

...

Tinubu finds his own demons

Tinubu finds his own demons

by The Editor
August 3, 2023
0

...

Ali Pate: Long-awaited messiah of Nigerian health sector

Ali Pate: Long-awaited messiah of Nigerian health sector

by The Editor
July 23, 2023
0

...

  • UK licenses 266 Nigerian doctors in two months

    UK licenses 266 Nigerian doctors in two months

    129 shares
    Share 52 Tweet 32
  • US govt reaches agreement with Niger junta, resumes drone aircraft, crewed aircraft operations

    86 shares
    Share 34 Tweet 22
  • Coup: Russia warns ECOWAS, others against Niger intervention threats

    76 shares
    Share 30 Tweet 19
  • NCC sets record clear in alleged leakage of Obi-Oyedepo call

    67 shares
    Share 27 Tweet 17
  • Shake-up in army

    62 shares
    Share 25 Tweet 16
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2022 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2022 TheCitizen Ng. All Rights Reserved.