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.

Bamidele Adegoke     Mamman Saba Jibril     Sarkin Malamai     Alabi Lawal     Siddiq Adebayo Idowu Salawu     Oniyangi     NURTW     Wahab Kunle Shittu     Joseph Bamigboye     Ibrahim Mohammed     Shuaib Boni Aliyu     Aso Ofi     Shehu Alimi Foundation For Peace And Development     Oyin-Zubair     Jumoke Gafar     Amuda Aluko     Special Agro-industrial Processing Zone     Sulu Babaita Isiaka     Arinola Lawal     Elerin Of Adanla Irese     Patigi Regatta     Aminat Omodara     Aisha Abodunrin Ibrahim     Alfa Yahaya Road     Nnazua     Alore     Abubakar Bature Sulu-Gambari     Tescom.kwarastate.gov.ng     Senior Special Assistant On Student Affairs     Majlis For Sadakah, Zakat And Waqf     Elections     Theophilus Oyebiyi     Salihu Yahaya     Al-Adaby     Laduba     Ijagbo Health Centre     Halimat Yusuf     Kunle Okeowo     Mustapha Olanipekun     Maimunat Oloriegbe     Sam Onile     National Broadcasting Commission     Ahmed     Sabi     Omoniyi Ayinla     Babs Iwarere     Kayode Alabi     Muhammed Mahe Abdulkadir     Oni Adebayo     Samuel Olusegun Adedayo     Olam Food Ingredients     Ilorin Talaka Parapo (ITP)     Saidu Kawu     Dele Momodu     Olusegun Adeniyi     20 Billion Bond     Photo News     Hussein Oloyede     Hamidu Olowo     Gbugbu International Market     SARS     Sulyman Age AbdulKareem     Abubakar Atiku     Baaziki Sulaiman     Lanwa     Abdulrahman Abdulrasak     Oluranti Idowu     Col. Ibrahim Taiwo     Ibrahim Sulu Gambari     Oyawoye     Offa Grammer School     Kassim Babamale     Quran     FERMA     A.E. Afolabi     Osi     Binta Sulyman    

Cloud Tag: What's trending

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

Yahaya Seriki Gambari     Bisi Kristien     Code Of Conduct Tribunal     T And K FOODS     Christopher Tunji Ayeni     Iliasu     Owu Fall     Amasa     National Information Technology Development Agency     Kwara Apc     Ahmed Mohammed Rifun     Sadiq Buhari     Imodoye Writer’s Enclave     Ekiti     Abdulganiyu Salahudeen     Muhammad Mustapha Suleiman     Trade Lenda SME Fair     Adedeji Onimago     John Obuh     Kunbi Titiloye     Kumbi Titiloye     Ibrahim Issa Jetti     Orire     Sunday Popo-Ola     Kunle Akogun     Salary     Kayode Zubair     Sulyman Abdulkareem     Saba Jibril     Samuel Adaramola     Jimoh Saadudeen Muhammed     Unilorin     Musa Yeketi     JAMB     Abubakar Usman Jos     Sidikat Akaje     JMK Construction Company Limited     Sheikh Hamzat Yusuf Ariyibi     Ibrahim Sulu Gambari     Segun Abifarin     Sa\'adu Salau     Garba Dogo     Olusin Of Ijara Isin     Micheal Imodu-Ganmo Road     Ebola     Mike Omotosho     Baba-Isale     Bamidele Adegoke     Tunde Akanbi     Memunat Monsuma     Muftau Akanbi Oke     Maryam Nurudeen     Tescom.kwarastate.gov.ng     Timothy Olatunde Fadipe     Jimba Babatunde     Ogbondoroko     Yomi Adeboye     Sa\'adatu Modibbo-Kawu     Asiwaju Bola Tinubu     Muslim Media Watch Group Of Nigeria     Jumoke Gafar     Dan Masanin     Anilelerin     Kupchi Hosea Maxwell     Olukotun Of Ikotun     Apado     MalHub     Dorcas Afeniforo     Kwara 2019     Olupako Of Share     Prince Sunday Fagbemi     Ibrahim Labaika     Funmilayo Braithwaite     Abdulmumini AbdulRazaq     Tafida Of Ilorin     Ajibola Ademola Julius     Okin High School