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.

Idowu Laro     Bashir Badawi     Raimi Iyanda     Bamidele Aluko     Abdulazeez Arowona     Razak Atunwa     Victor Gbenga Yusuf     Olatunde Michaels     Issa Manzuma     Christopher Odetunde     Shuaibu Yaman     Sai Kayi     Aminu Adisa Logun     07039448763     Isiaka Gold     Olatunji Ibrahim     Elekoyangan     Offa Descendants Union     Shehu Alimi Foundation For Peace And Development     Mahmud Babatunde Baker     Abdulrauf Yusuf     Freshvine Nigeria Limited     Rice Farmers Association Of Nigeria     Falokun-Oja     Societe Generale Bank Of Nigeria     Oasis Muslim Care Foundation     Muhammed Aliyu     Minister     Ibrahim Abikan     Akanbi-Oke     Hydro-electric Power Producing Areas Development Commission     Arinola Fatimoh Lawal     Yakubu Shaaba     Col. Taiwo     Kwara Consultative Forum     Saka Asiat Ayinke     AbdulRazaq Abubakar Jiddah     Bukola Ajikobi     Abdulmumini Sanni Jawondo     Tsaragi/Share     Kehinde Baale     Saduki Lafiagi     Agbarigidoma     Countryside Emerging Leaders Fellowship     Ahmed Bayero     Yeketi     University Road     Radio SBS     Awili Pedro     Valsolar     Sam Okaula     Funmilayo Mohammed     Hassan Taiye Salam     National Union Of Road Transport Workers     Abubakar Baba     Sidikat Akaje     Rotimi Atere     Public Holiday     Prince Mahe Abdulkadir     Yusuf Amuda Abubakar     Yashikira     Ganiyu Taofiq     Bolaji Abdullahi     Photo News     Saliu Ajia     Mustapha AbdulGaniyu     National Party Of Nigeria     Tunde Kazeem     Musa Ayinla Yeketi     Maigida Soludero Transit     Olaiya Zuberu     Ramadhan     Muhammad Sirajo Aliyu     JSSCE     Esinrogunjo     CKNG     Saidu Isa    

Cloud Tag: What's trending

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

Ilorin International Airport     Kisira     Gbemisola Saraki     Mamman Saba Jibril     Kwara Basketball Association     Muyideen Ajani Bello     Abdulmalik Bashir Mopelola Risikatullahi     Joshua Adeyemi Adimula     LAK Jimoh     Universal Basic Education Commission     Modibbo Kawu     Sadiq Umar     Tunde Idiagbon Road     Principal Private Secretary     Rice Farmers Association Of Nigeria     Mazars Consulting     Labour Party     Lawan     COEASU     John Kehinde Salako     Mustapha Akanbi     Makama     Abikan     Bursary     Women Radio     Ministry Of Women Affairs And Social Development     Tunji Moronfoye     United Nigeria Congress Party     KWIRS     Femi Agbaje     Tunde Yusuf     Salary     Kwara Liberation Group     Voices Of Tomorrow     Nigeria Customs Service     Kwara Metro Park     Rashidi Yekini     Shehu Alimi Foundation     Ibrahim Oloriegbe     Muhammad Sirajo Aliyu     Ajibike Katibi     Aishat Sulu-Gambari     Oniwa     Sidikat Uthman Ajibola     Aisha Ahman Pategi     Ibrahim Kayode Adeyemi     Okanlawon Taiwo     Bareke     AbdulHamid Adi     Eleja Taiwo Banu     Abdulmumini Jawondo     Noah Yusuf     BECE     Bature Bello     Razaq Atunwa     ENetSuD     Ilorin Talaka Parapo     Sulaiman Gado     Ilorin Water Reticulation     Special Adviser On Digital Innovation     Shade Omoniyi     Mohammed Lawal     Abdulsalam Firdaous Amosa     Sanitation Exercise     LEAH Charity Foundation     Kehinde Baale     Halidu Danbaba     Afin Descendants Union Of Odo-Owa     SSA Youth Engagement     Mohammed Ibrahim     Bolakale Ayo     Bola Magaji     Vasolar-Kwara Company Ltd     Ahman Pategi     Saadu Alanamu     Adebayo Salami     Oke-Ode