Court of Appeal sends Saraki back to tribunal

Date: 2017-12-13

The Court of Appeal in Abuja yesterday ordered Senate President Bukola Saraki to return to the Code of Conduct Tribunal (CCT) and face three-count charge on alleged false asset declaration.

The three-member panel led by Justice Tinuade Akomolafe-Wilson unanimously ruled that Saraki should return to the CCT to face trial on three counts out of the 18 initially slammed on him. The court dismissed the remaining 15 counts and ordered the remittance of the three charges back to CCT for the continuation of the trial. The Court of Appeal ruled that the federal government failed to call the vital witness to prove its allegations against Saraki, which included that he drew salary four years after leaving office as a governor.

The panel, however, agreed with the EFCC that "there was ample evidence" that discrepancies exist in the claims about the acquisition of the Ikoyi properties on the asset declaration forms, which requires the defendant to make further explanation as public servants are not permitted to engage in any form of business venture apart from agriculture.

"In conclusion, we find no merit in 15 out of 18 count charges brought against the defendant by the complainant and we hereby uphold the decision of the tribunal delivered in June this year on the finding," she said.

"It is my belief that credible evidence was led by the prosecution in respect of the three counts, it is hereby ordered that counts four, five and six be remitted to the tribunal for retrial to enable the defendant offer explanations where necessary," she said.

The senate president and the Economic and Financial Crimes Commission (EFCC) said they would appeal to the Supreme Court.

The three-count charges

In count four charge, Saraki was accused of making false assets declaration at the end of his tenure as Executive 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 said Saraki falsely declared to have acquired the property at 17A McDonald, Ikoyi, Lagos on September 6, 2006, from the proceeds of the sale of rice and sugar.

In count five, the prosecution accused Saraki of making false asset declaration at the end of his tenure as Executive Governor of Kwara State in 2011 and on the assumption of office as a senator in 2011 when he declared that he acquired No. 17B McDonald, Ikoyi Lagos on September 6, 2006, from proceeds of the sale of rice and sugar.

In count six, the prosecution also accused Saraki of making a false declaration in his Assets Declaration Form at the end of tenure as Governor of Kwara in 2007 and on the assumption of office as Executive Governor in 2007 by failing to declare his outstanding loan liabilities of N315 million out of the loan of N380 million obtained from Guaranty Trust Bank Plc.

The penalties

The offences are punishable under Paragraphs 11 (2), (3) and (13) of Part 1, 5th Schedule of the Constitution of the Federal Republic of Nigeria, 1999; and Section 23 (2) of the Code of Conduct Tribunal Act with the vacation of elective or nominated office, disqualification from holding public office (whether elective or not) for a period not exceeding 10 years, and seizure of and forfeiture to the state of any property acquired in abuse or corruption.

Sub-section (3) states that "the punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law."

The Justice Danladi Umar-led panel of the CCT had in June upheld a no case submission made by Saraki's lawyers, Kanu Agabi, Paul Erokoro, Paul Usoro, and Mahmud Magaji, all Senior Advocates of Nigeria, who contended that the prosecution failed to establish a prima-facie case against him.

Meanwhile, both Saraki's legal team and the EFCC team have hinted that they will both cross-appeal the decision of the Court of Appeal at the Supreme Court.

Paul Erokoro (SAN) said the legal team "is definitely going to appeal the judgment."

The EFCC team led by Rotimi Jacobs (SAN) said they will question many aspects of the judgment, including the court's pronouncement that "burden of proof rests squarely with the prosecution."

Source

 

Cloud Tag: What's trending

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

Abdulrazaq Solihudeen     Farouk Salim     Emmanuel Olatunji Adesoye     Tricycle Owners Association Of Nigeria     Ishaq Abdulkarim     Bamidele Adegoke Oladimeji     Wole Oke     Yaman     Ilorin Emirate     Federal Road Maintenance Agency     Umar Adelodun     Elerinjare     Kumbi Titiloye     Gwanara     Bilikisu Oniyangi     Yahya Mohammed     Ramat Oganija     Gabriel Fashanu     Sobi Hill     Tafidan Kaiama     Kwara State Council Of Chiefs     Ethical College     Idofin     Kwara State Television (KWTV)     EndSARS     Abdulwaheed Musa     Code Of Conduct Bureau     Aliyu Salihu     Olokoba Sulyman     Minimum Wage     Zainab Abass     Kwara Liberation Group     Alloy Chukwuemeka     Onilupeju Of Ilupeju     ASKOMP     Lithium     James Ayeni     V.O. Abioye     Basic Education Certificate Examination     Fatima Abolore Jimoh     Donatus Ejidike     Allocation     Trader Moni     Olatinwo     James Kolo     Sardauna     Maigida     Nnazua     Lanre Badmus     Abdulquawiy Olododo     Florence Saraki     Bareke     Shonga Farm Project     Okin Biscuits     Turaki Of Ilorin     Cornelius Fawenu     Eleja     Mujtabah Bature     Majlis For Sadaqah, Zakat And Waqf     Ojuekun Sarumi     Ado Ibrahim     Abdulrazaq Adebayo     Oasis Muslim Care Foundation     Bibire Ajape     Tope Daramola     Oniyangi Kunle Sulaiman     Muideen Olaniyi Alalade     Sunday Fagbemi     Yusuf Amuda Aluko     Pius Abioje     Mubarak Oladosu     General Tunde Idiagbon International Airport Ilorin     Tunji Arosanyin     Alimi     Solomon Edojah     Shonga     Kamoru Kadiri    

Cloud Tag: What's trending

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

Memunat Monsuma     Ayeyemi Sulaiman     Kassim Babamale     Joseph Offorjama     KWTV     Isiaka Saka Opobiyi     Tsaragi/Share     Undergraduate Bursary     Amosa     Olosi Of Osi     AbdulGaniyu Kareem     Kunle Okeowo     Esinniobiwa Quareeb     Abdulrauf Yusuf     M.Y. Abdulrahaman     Ilorin Airport     Idowu Aremu     Olatunji Bamgbola     Ajasse-Ipo     Chemiroy Nigeria Limited     Jamiu Oyawoye     Kayode Oyin-Zubair     Trade Lenda SME Fair     Abatemi-Usman     Javed Khan     Olaiya Lawal     Voices Of Tomorrow     Okeose Christian Cementary     Muhammed Akanbi     Lai Mohammed     Oke-Ero     AbdulRasaq Abdulmajeed Alaro     Mogaji Aare     Alimi     April 11     Yakub Ali-Agan     NIPR     Gbugbu International Market     Offa     Kwara State Polytechnic     Shola Odetundun     Olanrewju Okanlawon Musa     Ilesha-Baruba     Hassan Saliu     Bayer Nigeria Limited     Folashade Omoniyi     Binta Abubakar Mora     Toyin Saraki     Ilorin Water Reticulation     Ibraheem Abdullateef     Muhammed Aliyu     Ile Arugbo     Ebola     Vasolar-Kwara Company Ltd     Gbemisola Saraki     Suleiman Mora Omar     Government Girls’ Day Secondary School Pakata     Isa Aremu     Danhawa     Taofeek Sanusi     Idris Garuba     Aliyu Kora Sabi     Razaq Atunwa     Hassanat Bello     Segun Ogunsola     Osinbajo     Oni Adebayo     Sai Kayi     Kwara Metro Park     March 28     Maigidasanma     United Nigeria Airline     Balikis Jawondo     Abdulsalam A. Yusuf     Harafat E. Mukadam     Abdulrazaq Akorede     Savannah Centre For Diplomacy, Democracy And Development