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.

Unilorin     Bamidele Adegoke     Apaokagi     Kwara Primary Health Care Development Agency     Timothy Akangbe     Wahab Isa     Facebook     Bello Oyedepo     Oke-opin     Fatai Olodo     RTEAN     Oba-Solagberu     Khairat Gwadabe     CACOVID Palliatives     Umar Ahmed Gunu     Face Masks     Umar Yakubu Jaja     Adeola Abraham     Sa\'ad Alanamu     Leke Ogungbe     Kisira     Maimunat Oloriegbe     Saka Isau     Innocent Okoye     Yusuf Abdulraheem     Savannah Centre For Diplomacy, Democracy And Development     Kwara South     Oloje     IQRA College     Sardauna Of Ilorin     International Vocational Centre     Ahmed Dankaya     Ali Ahmad     Ibrahim Sulu Gambari     Muhammad Fawaz Abubakar     Odolaye Aremu     Kwara Hotel     Yahaya Seriki Gambari     Hussein Olokooba     Samari     Amusa Bello     Basic Education Certificate Examination     Yoonus Lawal     Kehinde Boyede     Sheikh Hamzat Yusuf Ariyibi     Oluwatoyin Lukman     Sango-UITH Road     Popo-Igbonna     Societe Generale Bank Of Nigeria     Yakubu Shaaba     TIIDELab     Oyelere Oyinloye     Saad Belgore     Ahmed Bolaji Nagode     KWACOBPA     Harrison Osauwagboe     Jawondo     QuickWin     Kamaldeen Kehinde     Kwara Pdp     Olabode George Towoju     Aliyu Umar     Joseph Offorjama     Kwara State Infrastructure Development Fund     Abdulganiyu AbdulAzeez     Saliu Alamoyo     Kuliyan Geri     Share     New Nigeria People’s Party     SWAN     NIPOGA     Idi-Ape     Yoonus Kola Olatinwo     Suleiman Ajadi     SSA Youth Engagement     Dagbalodo     Elerinjare-Ibobo    

Cloud Tag: What's trending

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

Centre For Peace And Strategic Studies     Ndakene     Government High School (GHS), Adeta     Abdullahi Biffo     Ahmed Bolaji Nagode     Damilola Yusuf     Opaleke Bukola Iyabo     Olatunji Abdulmumeen     Kwasu     Marafan Shonga     Frootify     Olaiya Victor Mobolaji     Abubakar B.M     Trade Lenda SME Fair     Sheikh Hamzat Yusuf Ariyibi     Gurei     Orire     Ilorin South Constituency     Abdulrasaq Alaro     Clement Yomi Adeboye     Kehinde Boyede     Lateef Ademola Olatunji     Olugbense     Dan Iya Of Ilorin     Abdul-Rasheed Na\'Allah     Fatai Olodo     Ilorin Metro Park     Lotus Bank     IFK     Arinola Lawal     Abdulrazaq Adebayo     Abdullahi G. Mohammad     Olabode George Towoju     Durosinlohun Kawu     Aliyu Alhassan     Maja     Abdulmumini AbdulRazaq     Elese Of Igbaja     Gaa Olobi     Makama Of Ilorin     Bukola Saraki     Zulkifli Ibraheem     Gbemisola Oguntimehin     KWATMA     Yusuf Abdulkadir     Elections     Tunde Kazeem     Iponrin     Yusuf Lawal     Dele Belgore     AbdulRahman Saad     Seed Technologies     Sulu Gambari     Baba Issa     CELF     Manzuma     Ahmad Uthman     Roseline Oni Aremu     Salman Jawondo     Wahab Issa     Kolade Solagberu     Lawan     NULGE     David Oyedepo     Umar Saro     Salary     Pategi     Folorunsho Alao     Olaoye B. Felix     Moses Rahman Popoola     Oniwasi Agbaye     Fatima Abolore Jimoh     A.E. Afolabi     Bolaji Aladie     Teachers Specific Allowance     Jare Olatundun     Government House