CCT trial: Why Saraki has a case to answer - FG

Date: 2017-06-09

...as tribunal reserves ruling on defendant's bid to stop trial

The Code of Conduct Tribunal, CCT, sitting in Abuja, on Thursday, reserved its ruling on contention by the Senate President, Dr. Bukola Saraki, that the Federal Government has failed to prove its allegation that he falsely declared his assets. Saraki The two-man CCT panel led by Justice Danladi Umar, adjourned for ruling on a day FG insisted that Saraki has a serious criminal case to answer.

FG, through its lawyer Mr. Rotimi Jacobs, SAN, urged the tribunal to compel the defendant to enter his defence to the 16-count amended charge pending against him. Saraki had shortly after FG closed its case on May 5, informed the tribunal of his decision to make a no-case-submission.

In the application he eventually filed on May 26, the embattled Senate President, argued that none of the four witnesses that testified before the tribunal was able to link him to the commission of any offence. Saraki, through his team of lawyers led by Chief Kanu Agabi, SAN, maintained that the prosecution failed to by way of both documentary and oral evidence, established ingredients of any of the indictments contained in the charge to warrant the tribunal to compel him enter his defence. Contending that FG failed to establish a prima-facie case against the defendant, Agabi, SAN, added that his client had nothing to do with petitions that allegedly led to the charges.

Besides, Saraki's lawyer argued that counts 1, 2, 6, 9,10, 11, 12, 13, 14 and 16 of the charge was bereft of valid offences. "Our submission is that the prosecution has not made out a case warranting an answer from the defendant.

"We were told by the prosecution that the charges were precipitated by petitions tendered as exhibits 10, 11, 12, and 13. "My lord should read the petitions. We beg your lordship to read them, they have nothing to do with the defendant.

"Let us assume the petitions were investigated, where is the report? Who are the writers? Why are they not here? "The second point is that in counts 1, 2, 6, 9,10, 11, 12, 13, 14 and 16, the defendant was charged with 'making false declaration by making no declaration'. "My lord there are so many inconsistencies in the charges", Agabi submitted.

Saraki's lawyer insisted that some the witnesses gave hearsay evidence which he said could not be relied upon by the tribunal. He specifically faulted the evidence of the star prosecution witness, Mr. Michael Wetkas, who is an operative of the Economic and Financial Crimes Commission, EFCC, that led a team that investigated allegations against him. Saraki also described as "unreliable", the evidence of the second prosecution witness, Mr. Samuel Madojemu, who is an official of the Code of Conduct Bureau, CCB and a member of the joint investigative team FG constituted in 2015 to probe his assets.

However, the prosecution counsel, Mr. Jacobs, SAN, urged the tribunal to dismiss the no-case-submission and order Saraki to defend allegations that FG levelled against him in the charge. Jacobs argued that FG had successfully made out a serious prima-facie case against the defendant to warrant him to give explanations before the tribunal.

He urged the tribunal to analyse and juxtapose various assets declaration forms that Saraki submitted to the CCB between 2003 and 2011, with a view a view to ascertaining whether or not he made false declarations.

"One method your lordship should adopt to show that there is serious prima facie case against the defendant is to look at Exhibits 6 and 26 which are assets declarations made by the defendant after the investigation of this case.

"My Lordships will see that the defendant listed all the annexed properties and stated that they were acquired in 92 and 99 and, now. If my lord juxtaposes them with Exhibits 1 to 5, some of the properties he claimed to have acquired in 1999, 2002, and 2003, were not declared."

Jacobs also argued that Saraki "misconstrued" Paragraph 1 to the Schedule 5 of the 1999 Constitution, as amended, by claiming that a public officer was not under obligation to declare properties bought in companies' names.

"To construe the constitution like that will defeat the essence of the CCT and the fight against corrupt in Nigeria," the prosecution argued. Jacobs further dismissed Saraki's contention that he was not linked in any of the six petitions that precipitated his trial.

"My lord even without a petition, someone can still be prosecuted", Jacobs submitted. He also faulted the defence team for filing 120-paged address in support of the no-case-submission. According to the government lawyer, action of the defence was an invitation for the tribunal to deliver a lengthy ruling at this stage of the proceeding, contrary to a directive from the Supreme Court.

"Care must be taken about what my lord can do at this stage. They were inviting your lordship to give an opinion on the witnesses and evaluate their evidence.

"The Supreme Court has said your lordship cannot do that at this stage. "At the stage, your lordship cannot express opinion on the evidence led until the defence give their own evidence. "The Supreme Court warned that the ruling on a no-case submission must be kept brief. "It is permitted to just say there is case to answer.

FG had in the charge with suit No. CCT/ABJ/01/15 alleged that Saraki made false/anticipatory declaration of assets before the Code of Conduct Bureau operated foreign accounts while in office as Kwara State governor between 2003 and 2011, as well as collected governorship salary four years after his tenure had elapsed.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Yusuf Amuda Abubakar     Umar Yakubu Jaja     Lithium     Yusuf Aiyedun     Charcoal     Tunji Ajanaku     Okin Malt     Adaramaja     Anilelerin     Shoprite     Ajasse-Ipo     Yoruba     Isiaka Danmeromu     Makama Of Ilorin     Law School Scholarship     Ella Supreme Tissue Paper     Kannike     Apaokagi     Nurudeen Muhammed     Solomon Edojah     Asiwaju Bola Tinubu     Abdullateef Abdussalam     Isa Aremu     Fatima Abolore Jimoh     AbdulKareem Yusuf Danhawa     Veterinary Teaching Hospital     Edret Sabi Abel     Ndama Al-hassan     Ijakadi     Ahmed Alhasssan     Bayer Nigeria Limited     Ajeigbe     Saeedat Aliyu     Hassan Abdulazeez Elewu     Towobola Abdulrahman Toyin     Ilorin Like-Minds     Shuaibu Yaman Abdullahi     C2c@kwarastate.gov.ng     Obasanjo     Ademola Kiyesola     Amuda Bembe     UNILORIN Alumni Association     COVID-19 Palliatives     Shehu Alimi Foundation For Peace And Development     Abdullahi Imam Abdullahi     Muhammad Akande Olarewaju Odunade     Owo Isowo     Oluwarotimi Boluwatife Adenike     Bolakale Saka     Sarakite     Belgore     Saba Mamman Daniel     Adamu Ibrahim Sabi     Lola Ashiru     NURTW     Kwara State Geographic Information Service     Samuel Elizabeth Keatswa     The Herald     Yahaya Seriki Gambari     Adam Abdullahi Al-Ilory     Najim Yaasin     Isiaka Gold     Marufat Oladosu     Ishola Abdullahi     Ayo Salami     Ahmed Ayinla Jimoh     Igosun     Abdulkadir Bolakale Sakariyah     Ahmed Idris Mohammed     Oyelere Oyinloye     Isin     Adebayo Mohammed Kamaldeen     Bilikisu Gambari     Yusuf Abubakar     Mustapha AbdulGaniyu     Saadatu Modibbo-Kawu     Barakat Community Secondary School    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Agor Market     KWAFFA     Kwara State Fire Service     Isiaka Alikinla     Segun Ogunsola     Dan Iya Of Ilorin     Mohammed Abduraheem     Afolayan     Umar Ayinla Saro     Ilorin Muslim Community     Ali Ahmad     Wahab Agbaje     Eleyele     Muhammed Abdullahi     Alabi Lawal     Sadiq Umar     Mutawali Of Ilorin     Towobola Abdulrahman Toyin     Saliu Mustapha     Jawondo     Mukhtar Shagaya     IQRA College     All Peoples Party     Tunde Kazeem     Oloje     Matthew Babaoye     Femi Oladiji     BECE     Omotoso     Frootify     Abiodun Abdulkareem     Apaola     Kolawole Bashirat     First Lady     Quareeb     Aliyu Olatunji Ajanaku     Abdulfatai Salman Baakini     Saka Abimbola Isau     Jani Ibrahim     Tuesday Assayomo     Aliyu Kora Sabi     Sheikh Ridhwanullah     Valsolar-Kwara Company Limited     Idowu Aremu     Ojo Isekuse     Femi Ogunsola     COEASU     Lai Mohammed     Kpotum Mohammed Baba     Muslimah Entrepreneurship Forum     Muideen Olaniyi Alalade     Young Progressives Party     Sabitiyu Grillo     Saliu Ajibola Ajia     TESCOM     A.G.F Abdulrasaq     Gbemisola Saraki     Saliu Shola Taofeek     Allocation     Elections     Ibrahim Gambari     Esuwoye     Durosinlohun Kawu     Muslim Media Watch Group Of Nigeria     Olatunde Oyeyiola     Okanlawon Taiwo     Olubukola Kifayat Adedeji     Ministry Of Women Affairs And Social Development     Saudat Abdulbaqi     Abdulrahman Onikijipa     Dunmade     High Court     SGBN     Mohammed Kamaludeen     Islamiya Abdulraheem     Fatimat Saliu     Ilorin Innovation Hub