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.

Femi Ogunsola     Mumini Ishola Hanafi     Afolasade Opeyemi Kemi     ITP     Saad Omo Iya     Abdullateef Abdussalam     NAWOJ     Abubakar Baba Sulaiman     Idiagbon     Ile Arugbo     Monkey Pox     Moses Afolayan     Taofik Abdulkareem     Kuliyan Geri     Osi     Tope Daramola     Abdulquawiy Olododo     Rafiu Ibrahim     Abdulwaheed Musa     Tunde Saad     Folaranmi Aro     Shuaib Abdulkadir     Curfew     Wahab Femi Agbaje     Yakub Ali-Agan     Sidikat Uthman Ajibola     Olabimpe Olani     Orisun Igbomina     Arinola Lawal     Lukman Adeloyin     Iyeru Grammar School     Amuda Bembe     Ahmed Saidu Rufai     SSA Youth Engagement     Ibrahim Jawondo     Share     Ladi Hassan     Suleiman Idris     Rice Farmers Association Of Nigeria     Ayobami Akanbi     Oko Erin     Idowu Laro     Osuwa     Abdulganiyu AbdulAzeez     National Union Of Road Transport Workers     Maigida     Maryam A. Garuba     Sa\'adu Salau     Musa Yeketi     Abiodun Musa Aibinu     Ayinde Oyepitan     Mohammed Abduraheem     Mutawalle     John Dara     Nigerian Correctional Service     KSIRS     Oke-Ero     Rachael Obisesan     Abdulrauf Aliyu     Prince Bola Ajibola     Olomu Of Omu-Aran     Photo News     Road Transport Employers Association Of Nigeria     Kwara Basketball Association     Abubakar Abdulraheem     Ilorin West/Asa Federal Constituency     Muhammad-Mustapha Suleiman     Mamatu Abdullahi     Abdulfatai Baakini     ASMAU PLAZA     Abdul-Rasheed Na\'Allah     Esinniobiwa Quareeb     Chikanda     Oba Of Jebba     All Peoples Party     CELF     Asiwaju Bola Tinubu    

Cloud Tag: What's trending

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

Musa Alhassan Buge     Air Peace     Mansurat Amuda-Kannike     Khairat Gwadabe     Saad Belgore     Modibo Kawu     Oko Erin     Aishat Sulu-Gambari     David Oyerinola Adedunmoye     Kwarareports.com     Kumbi Titiloye     Tinubu     Abiodun Musa Aibinu     Aminu Adisa Logun     Alimi     Hassan A. Saliu     Afolasade Opeyemi Kemi     Shonga     Bola Magaji     Omoniyi Ayinla     Amina El-Imam     Najim Yaasin     Abubakar Imam     Mahee Abdulkadir     Isiaka Gold     Moses Adekanye     Jalala     Afolayan     Samuel Elizabeth Keatswa     Abdulmumin Yinka Ajia     Old Oyo     Ibrahim Sulu Gambari     Ilesha-Baruba     Bamidele Adegoke     Riskat Opakunle     Aishatu Ahmed Gobir     Bola Tinubu     Halimah Perogi     Kwara Teaching Service Commission     Salihu S. Yaru     KWASSIP     Amuda Aluko     Oladipo Akanmu Tolani     Dar-Al-Handasah Consultants Ltd     Tsaragi/Share     Yaru     Ibrahim Abiodun     Convocation Ceremonies     Raymond Olaitan     Tanke Flyover Bridge     Isau     Shuaib Jawondo     Abdulkadir Orire     Habeeb Abdullahi Al-Ilory     Kayode Zubair     Ahmad Olanrewaju Belgore     Kayode Issa     Olatunji Ibrahim     Kwara Restoration Project     Vasolar     Musbau A. Akanji     Kayode Laro     Vasolar Consortium     Falokun-Oja     Tsaragi     Col. Ibrahim Taiwo     Kwara Coalition Of Business And Professional Associations     Yekeen Alabi     Abubakar B.M     Samuel Adedoyin     Ogbondoroko     Amusement Park     Garuba Alikinla Shittu     Maryam Ado Bayero     Babajide Ajayi     General Hospital, Ilorin     Yoonus Lawal