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.

Shoprite     Joshua Adeyemi Adimula     Oro Grammar School     Geri-Alimi Split Diamond Interchange     Salihu Jibril Garbi     Hameed Oladipupo Ali     Apaokagi     COVID     David Oyepinola Adedumoye     Umar Danladi Shero     Kassim Babamale     Adanla-Irese     Kehinde Baale     Abraham Ojo     NIRSAL     Sarah Alade     Balogun Ajikobi     Aliyu Alhassan     Magaji Nda     Sulu Gambari     Allocation     Bashir Badawi     Government Girls’ Day Secondary School Pakata     Simeon Sayomi     Principal Private Secretary     Bayer AG     Mansurat Amuda-Kannike     Matthew Okedare     Kubra Kazum     Nurudeen Mohammed     Grillo     Kwara Apc     Ayodele Kuburat Olaosebikan     Wahab Issa     PPS     Oluwarotimi Boluwatife Adenike     Yusuf Amuda Gobir     Ado Bayero     Okala Baba     Bello John Olanrewaju     Kwara Teaching Service Commission     Vishvas KOZ Tractors     Mashood Dauda     Dairo Kunle Paul     School Of Nursing     Afetu Of Alabe     Okedare     Standard Organization Of Nigeria     National Association Of Nigerian Students     Kunle Okeowo     Adam Abdullahi Al-Ilory     Saidu Kawu     Salihu Ajibola Ajia     Balogun Gambari     Adeleke Ogungbe     Binta Abubakar Mora     Offa Grammer School     Abdulfatai Salman Baakini     Prince Bola Ajibola     Lateef Alagbonsi     KSIRS     Micheal Imodu-Ganmo Road     Facebook     Zulu Gambari     Ilorin Likeminds Foundation     Segun Adeniyi     Adamu Ibrahim Sabi     Oba-Solagberu     Durbar     Albert Ogunsola     Kola Olota     Yusuf Arowosaye     Mansur Alfanla     Ayinke Saka     Amina El-Imam     Iqra Books     Lawan    

Cloud Tag: What's trending

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

Oba Of Jebba     Ganmo     Rex Olawoye     Kamaldeen Kehinde     Olofa Of Offa     Christopher Ayeni     Wahab Kunle Shittu     Belgore     Javed Khan     Mohammed Abdulahi     Alanamu     Afetu Of Alabe     Adamu Ibrahim Sabi     Shehu Adaramaja     Babs Iwarere     Principal Private Secretary     Aremu Bose Deborah     Aremu Odolaye     Metro Park     Is\'haq Modibbo Kawu     Makama Of Kaiama     Bolaji Abdullahi     Kola Adesina     Firdaos Amasa     Olatunde Jare     Okeose Christian Cementary     IQRA College     Sarakite     Gbajabiamila     Kwara State University Of Education     Diagnostic Centre     Harmony Holdings     Ahmed Shuaib Buranga     Ayodele Kuburat Olaosebikan     Gbenga Awoyale     Sabo-Oke     Cassava Growers\' Association     Abubakar Kawu Baraje     Saadu Gbogbo Iwe     Suleiman Mora Omar     Ajasse-Ipo     Ibrahim Gambari     Baakini     Ladi Hassan     General Tunde Idiagbon International Airport Ilorin     Kwara State Printing And Publishing Corporation     Alabi Lawal     UNILORIN Alumni     Sulyman Age AbdulKareem     Tunde Yusuf     Kehinde Boyede     Ilorin Anchor Men And Women     Adebara     Prince Mahe Abdulkadir     College Of Arabic And Islamic Legal Studies     Binta Abubakar Mora     Unicontinental Construction Company     Olusin Of Ijara Isin     Tafida Of Kaiama     Okanlawon Musa     Mohammed Alabi Lawal     Presidential Election     COEASU     Turaki     Communication Network Support Services     Bello Abubakar     Onilorin     Law School Scholarship     Kwara 2023     Forgo Battery     Yashikira     Ebola     JSSCE     Geri-Alimi Split Diamond Interchange     Kwara-SAPZ Project     Suleiman Yahya Alapansapa     Rotimi Samuel Olujide