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.

Saka Aleshinloye     Hassan A. Saliu     Taofik Abiodun Ahmed     Sidikat Alaya     John Kehinde Salako     David Oyerinola Adedunmoye     Peter Amogbonjaye     LEAH Charity Foundation     Buari Edun     March 18     Salary     Timothy Olatunde Fadipe     Ebola     Boko Haram     Basit Olatunji     Local Government Pension Board     Kwara-SAPZ Project     Jani Ibrahim     Oniwasi Agbaye     Women For Change And Development Initiative     Islamiya Abdulraheem     Isau     IEDPU     Rafiu Ibrahim     Saadu Alanamu     TIC     Agboola Abdulraheem     Nupe     Baakini     Radio SBS     Adesoye College     Fulani     Kunle Suleiman     Ola Falade     Mamatu Abdullahi     Basic Education Certificate Examination     Mamman Saba Jibril     Sheu Ndanusa Usman     Gamji Members Association     Razaq Ayobami Akanbi     Isapa     Vishvas KOZ Tractors     Olohungbebe     Ubandawaki     Grillo     John Olobayo     Kwara     Florence Saraki     John Dara     Bola Ahmed Tinubu     Bolaji Aladie     ARMTI     Ayobami Seriki     NFAI     Noah Yusuf     Bilikisu Oniyangi     Bamidele Adegoke     Abdulhakeem Adelaja Amao     AbdulHakeem Ajibola Akanbi     Ayegbeni     Saeedat Aliyu     Alabe     Yusuf Ali     Kwara United     Lanre Issa-Onilu     Valsolar-Kwara Company Limited     Lukman Oyebanji Fagbemi     Balogun Fulani     Olomu Of Omu-Aran     Yomi Adeboye     Dairo Kunle Paul     Bello Oyebanji     Aminat Ahmed     Young Progressives Party     Adesoye     Monthly Sanitation     Abdulrasheed Akogun    

Cloud Tag: What's trending

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

Ashiru     TESCOM     Matthew Babaoye     Muhammed Danjuma     M.Y. Abdulrahaman     Oniwa     Elerin Of Adanla Irese     Elese Of Igbaja     Talaka Parapo     Diagnostic Centre     Sunday Fagbemi     Ohoro Of Shao     Aliyu Adebayo     Salihu S. Yaru     Raji AbdulRasaq     Oba Abu     Dar-Al-Handasah Consultants Ltd     Isiaka Alikinla     Moses Salami     YAKOOYO     Kamaldeen Ajibade     Abdulrazaq Akorede     Millennium Development Goals     IFK     Titus Suberu-Ajibola     Idofin     Kazeem Oladepo     Tope Daramola     Usman Yunusa     Sa\'adatu Modibbo-Kawu     Olatunde Jare     Magaji Erubu     Congress For National Consensus     Zara Umar     Razaq Atunwa     Jani Ibrahim     Opaleke Bukola Iyabo     Ayobami Akanbi     Shettima     Ilorin West/Asa Federal Constituency     Village Alive Development Association     Folorunsho Alao     Hakeem Idris     Sheriff Shagaya     Yakubu Danladi     Kwara United     JAAC     Oloye     Adijat Adebiyi     Ilesha-Baruba     National Party Of Nigeria     Edu     Ayoade Akinnibosun     Sulu Babaita Isiaka     All Peoples Party     Musa Ayinla Yeketi     Chartered Institute Of Personnel Management Of Nigeria     Moses Rahman Popoola     Adeola Abraham     Bello Bature     Abubakar Atiku     Kehinde Boyede     University Road     CELF     Pacify Labs     Oya State     Yusuf Babatunde Abdulwahab     Iyabo Dupe Adekeye     Wahab Olasupo Egbewole     Usman Alkali Baba     Ayedun     Sanusi Abubakar     Majlis For Sadakah, Zakat And Waqf     Olatinwo     Sodiya     Kwara Central     Marafan Shonga