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Why FG appealed Saraki’s acquittal – AGF …I’m not afraid of govt appeal, says Saraki

The Citizen by The Citizen
June 22 2017
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Why FG appealed Saraki’s acquittal – AGF …I’m not afraid of govt appeal, says Saraki

The Attorney-General of the Federation and Minister of Justice Abubakar Malami, reaffirmed yesterday his commitment to the anti-corruption war.

He said authorising the appeal filed against the acquittal of Senate President Bukola Saraki by the Code of Conduct Tribunal, is another evidence of his commitment.

The Federal Government on Tuesday filed 11 grounds of appeal the Court of Appeal and described the CCT’s no case judgment as unreasonable.

In a statement signed by his Special Adviser on Media and Publicity, Mr. Salihu Isah and the Special Assistant to the President on Prosecution (AGF Office), Mr. Okoi Obono-Obla. Malami debunked a statement credited to a member of the Prof. Itse Sagay-led Presidential Advisory Committee Against Corruption, (PACAC) Prof. Femi Odekunle, which questioned his commitment to the anti-corruption fight.

Malami said in spite of recent judicial setbacks suffered by the anti-corruption war, he remained “resolutely, painstakingly, doggedly, purposefully and determinedly with all the constitutional and legal arsenals at the disposal of the Federal Government of Nigeria”.

The statement said: “The Honourable Attorney of the Federation wishes to assure Nigerians that despite some recent setbacks recorded in some of the cases involving politically-exposed people; that the war against corruption is fully on course.

“It shall be fought resolutely, painstakingly, doggedly, purposefully and determinedly with all the constitutional and legal arsenals at the disposal of the Federal Government of Nigeria.

“The Federal Government is more than ever before committed towards the complete eradication of the scourge of corruption and graft in the country.

“Those in a hurry to condemn due to the temporary setbacks recorded lately should tarry awhile because a legal process is deemed not concluded until it terminates at the Supreme Court which is the highest court of arbitration in Nigeria”.

The statement added: “To say that the Honourable Attorney General of the Federation, Abubakar Malami, SAN frowns at the statement is an understatement. In fact, he is highly disappointed that such accusation and statement could be made by those who ought to know better.

“The Honourable Attorney General of the Federation is saddened and flummoxed at the attempt to cast aspersion on his integrity, dedication and commitment to the war against corruption which undoubtedly is one of the major cornerstones of the present administration.

“There is no gainsaying that the incumbent Attorney General of the Federation has shown and demonstrated so much passion, drive, will and enthusiasm in prosecution of transgressors of the law ever seen in the annals of this country.

“The truth of the matter is that the Honourable Attorney General of the Federation is totally, fully and completely committed, dedicated and supports the war against corruption in all its form and ramification.”

“Towards this end, the Honourable Attorney General of the Federation since his assumption of office has initiated numerous reforms and programs to drive the war against corruption including the recently launched National Anti-Corruption Strategy, 2017.

“The National Anti-Corruption Strategy plan is a five-year strategic plan to combat corruption and corrupt tendencies in the country to the barest minimum. It is the first of its plan in the history of the country.”,

Meanwhile, less than 24 hours after the federal government appealed the judgement of the Code of Conduct Tribunal (CCT) which acquitted Senate President Bukola Saraki of charges of corruption and false declaration of assets, the number three man in the country has declared that he has no fears about the appeal.

Saraki’s counsel, Mr. Paul Erokoro, a senior advocate, however, said the legal team of the Senate president has not been served with the notice of appeal.

According to him, immediately the appeal is served on them, they will respond.

Eroko said, “We have no fear about the appeal. It is their right to appeal the judgement since they are not satisfy with it. When we are served with the appeal, we shall respond appropriately. We shall meet in court to argue the appeal”.

In the notice of appeal signed by Rotimi Jacobs (SAN) and Pius Akutah, an assistant Chief State Counsel, the federal government is seeking an order setting aside the CCT judgment of June 14 that upheld the no case submission filed by Saraki at the close of the prosecution’s case, even as it is praying the Court of Appeal for an order calling on Saraki to enter his defence.

In clearing Saraki of the 18-count criminal charges bordering on alleged false asset declaration brought against him, Mr. Danladi Umar, the tribunal chairman said  the prosecution failed to establish a prima facie case against Mr. Saraki.

He therefore upheld the no-case submission made by the defendant’s counsel, Kanu Agabi.

In the notice of appeal which was filed yesterday, the government said the judgment was unconstitutional, without jurisdiction, unwarranted, unreasonable and against the weight of evidence.

It argued that the tribunal failed to analyse and evaluate the evidence of the prosecution witnesses before reaching its no case submission.

The government held that the CCT failed to point out any apparent discredited evidence on the face of the record before upholding the no case submission.

According to the government, the power of the CCT when upholding a no case submission is to discharge Saraki and not to acquit him.

It said the findings of the CCT that EFCC did not invite Saraki was not supported by the evidence tendered by the prosecution, which was Saraki’s handwritten statement made after caution.

It said the CCT failed to be bound by the judicial precedent of a superior court of record and has denied the government its right to fair hearing as guaranteed by the Constitution.

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