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

Supreme Court frees Saraki on false assets declaration charge

The Citizen by The Citizen
July 7 2018
in Headlines, Latest News
A A
0
Supreme Court frees Saraki on false assets declaration charge

The Supreme Court has dismissed the charge of false assets declaration brought against the Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT).

Justice Centus Chima Nweze, in a lead judgment of a five-man panel, upheld Saraki’s appeal, set aside the judgment of the Court of Appeal on the grounds that the prosecution failed to prove its case.

The Court of Appeal had, in a December 12, 2017judgement, held that the prosecution established a prima facie case against Saraki on three out of the 18 counts contained in the charge and ordered him to enter defence in relation to the three counts.

The apex court dismissed the entire charge and held that the prosecution failed to discharge its responsibility of proving its case.

The apex court upheld the June 14, 2017 ruling of the CCT, which freed Saraki. It was of the view that all the evidence presented by the prosecution were hear-say evidence and therefore not admissible.

The Supreme Court noted that the witnesses that were vital to the prosecution’s case, who would have provided direct evidence were not called.

The court, after discharging Saraki, proceeded to also dismiss the cross-appeal filed by the prosecution.

Other members of the panel were Justices Dattijo Mohammed, John Okoro, Amina Augie and Ejembi Eko.

In his lead judgment, with which the other four justices agreed, Justice Nweze faulted the prosecution for not appealing  the tribunal’s finding, to the effect that the evidence led by its (prosecution’s) witnesses were hearsay evidence, which are not admissible and cannot be accorded probative value.

Nweze also faulted the Appeal Court for partially voiding the decision of the CCT, by which it (Appeal Court), restored three out of the 18 counts contained in the original charge against Saraki. The CCT had dismissed the entire charge.

Nweze was of the view that the documentary evidence,  including Saraki’s assets declaration forms and his bank statements, tendered by the prosecution, amounted to documentary hearsay, because the witnesses, through whom the prosecution tendered them, we not the makers.

Nweze said: “Surely, the hearsay evidence of PW1 (EFCC operative) cannot by any stretch of logic move into the direct evidence of PW4 (Saraki’s account officer).

“What is more is that the hearsay evidence of PW1, the building block of of PW4, having been declared inadmissible, cannot be the basis of conclusion that the prima facie case has been made out in Counts 4, 5 and 6.”

Nweze said the Appeal Court was right in  agreeing with the CCT on the point that “practically, all the material evidence produced by the prosecution witnesses was hearsay. The actual person or persons or authorities who have knowledge about the facts sought to be proved were not called to testify before the tribunal.

“In all, from my intimate reading of pages 2323, 2325 and 2341 (of the record of appeal), I have only one observation to make.

“The lower court was caught up in an analytical mix-up, the mix-up that occasioned the inexcusable conclusion that a prima facie case has been made out with regard to counts 4, 5 and 6.

“This cannot be, since the same lower court has dismissed the testimonies of the witnesses as hearsay.

“I, therefore, take the view that having regard to the negative and unpleasant comments of the lower court on the probative value of the testimonies of PW1(see pages 2329, 2331, 2332 and 2333, Volume 5 supra), PW2 in pages 2334, 2335 and 2336, Volume 5, PW3 (see pages 2325, 2326, 2334; and PW4, whose testimony was woven around the inadmissible evidence of PW1, the lower court’s view that the prosecution made out a prima facie case in counts 4, 5 and 6 was a juridical equivalence of a forensic somersault.

“Such an approach which speaks ill about our jurisprudence is clearly unsupportable.

“For this court to agree with the lower court will be to supplant the constitutional provision of proving the guilt of the appellant beyond reasonable doubt.

“This court cannot lend its juridical stature and acclaimed eminence to such a caricature of justice.

“I, therefore, make bold to say that the lower court was in grave error when in the absence of material evidence no matter how slight ‘linking the defendant to the commission of the offences charged’ yet proceeded to hold that the prosecution was only able to establish prima facie against the defendant in Counts 4,5and 6. That cannot be.

“Against this background, therefore, I have the duty to vacate the judgment of the lower court.

“In its place, I find and hold that from the testimonies of the four prosecution witnesses, the prosecution failed to make a prima facie case against the appellant.

“I, therefore, in the penchant command of section 302 of the Administration of Criminal Justice Act enter an order discharging the appellant.

“Accordingly, I restore the ruling of the trial tribunal in favour of the appellant. Appeal allowed. The appellant is discharged,” Nweze said.

Previous Post

Guber tussle: Ugwuanyi wins at Supreme Court as apex court awards N1m cost against Eze

Next Post

Alleged corruption: Nigerians don’t give accused people benefit of the doubt – Babachir Lawal, former SGF

Related Posts

Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects
Headlines

Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects

October 27 2026
Niger State: Probe panel blames miners’ deaths on overcrowding, extreme heat, dehydration
Headlines

Niger State: Probe panel blames miners’ deaths on overcrowding, extreme heat, dehydration

October 27 2026
FG, Labour resume talks on wage, fuel price crisis
Headlines

FG, Labour resume talks on wage, fuel price crisis

October 27 2026
NFF Crisis: Tinubu orders comprehensive reform of Nigerian football
Latest News

Tinubu condemns killing of Katsina Islamic preacher, orders probe

October 27 2026
Ebola: FG plans state treatment centres as contacts hit 53
Headlines

Ebola: FG plans state treatment centres as contacts hit 53

October 26 2026
Economy: ₦1m salary worthless without stable Naira – NLC
Headlines

NLC mobilises for nationwide strike over minimum wage, petrol prices as talks collapse

October 23 2026
Next Post
Alleged corruption: Nigerians don’t give accused people benefit of the doubt – Babachir Lawal, former SGF

Alleged corruption: Nigerians don’t give accused people benefit of the doubt – Babachir Lawal, former SGF

Insecurity worse under Buhari than Jonathan – Sheikh Gumi

Insecurity worse under Buhari than Jonathan – Sheikh Gumi

Leave a Reply Cancel reply

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

FROM THE GRASSROOTS

Fasoranti: Family announces Dec 17 for funeral

Fasoranti: Family announces Dec 17 for funeral

by The Editor
October 23 2026
0

...

Ooni, Omisore mourn Afenifere leader Fasoranti

Ooni, Omisore mourn Afenifere leader Fasoranti

by The Editor
October 21 2026
0

...

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

APPOINTMENTS

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

by The Editor
October 22 2026
0

...

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

ODDITIES

US pastor marries second wife, says monogamy unbiblical

US pastor marries second wife, says monogamy unbiblical

by The Editor
October 26 2026
0

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

GLOBAL NEWS

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

by The Editor
October 27 2026
0

...

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

by The Editor
October 27 2026
0

...

Netanyahu orders army to prepare for full West Bank closure after attack

Netanyahu orders army to prepare for full West Bank closure after attack

by The Editor
October 23 2026
0

...

Coup: Russia warns ECOWAS, others against Niger intervention threats

Putin agrees to resume tri-lateral peace talks with Ukraine, US in November

by The Editor
October 22 2026
0

...

US orders diplomats, families to leave Saudi Arabia amid deadly attacks

US orders diplomats, families to leave Saudi Arabia amid deadly attacks

by The Editor
October 22 2026
0

...

State of the States

Ogun State mulls relocation of communities over gas leak

Ogun State mulls relocation of communities over gas leak

by The Editor
October 23 2026
0

...

Gombe confirms cholera outbreak, treats 74 patients

Gombe confirms cholera outbreak, treats 74 patients

by The Editor
October 21 2026
0

...

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects

Tinubu writes Senate, seeks $20.5bn, €1.04bn foreign loans to fund projects

October 27 2026
Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

October 27 2026
Harry Kane’s Ballon d’Or triumph is a victory for substance over stardom

Harry Kane’s Ballon d’Or triumph is a victory for substance over stardom

October 27 2026
UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

October 27 2026

EDITORIAL REVIEW

Four states hold high-level talks to tackle insecurity

Boko Haram compounding Nigeria’s case – Punch

by The Editor
October 23 2026
0

Nigeria’s inflation rate falls to 15.43% in July

Economic stability must become shared prosperity – Punch

by The Editor
October 22 2026
0

Nigeria’s vote-buying scourge – Punch

Nigeria’s vote-buying scourge – Punch

by The Editor
October 21 2026
0

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

Opinion

Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

by The Editor
October 27 2026
0

...

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

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

© 2026 TheCitizen Ng. All Rights Reserved.