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.

UNIFEMGA     Mumeen Lah     Arinola Fatimoh Lawal     Abdullahi Biffo     Rafiu Ajakaye     Monsurat Omotosho     Oloye     Read With Me     Kolawole Akande     Ohoro Of Shao     Folorunsho Erubu     Abubakar Ndakene     Simon Sayomi     Seni Saraki     Michael Nzekwe     Akanji     Ganmo Power Sub-Station     Abikan     Bibire Ajape     Sheriff Shagaya     Madawaki     Yakubu Mohammed Abdullahi     Lithium Deposit     Olufolake Abdulrazaq     Mustapha Akanbi     Ilorin International Airport     Pius Abioje     Mufti Of Ilorin     Akume     Segun Abifarin     Ilorin Emirate Staff Association     Dairo Kunle Paul     Shonga Farm Project     Young Progressives Party     Special Adviser On Digital Innovation     Suraj Tunji Oyewale     Rapheal Ashaolu     Monthly Sanitation     Alao Ayotunde     Baruba     Abdulrasheed Lafia     Muhammad Ghali Alaaya     Yaman     Maimunat Oloriegbe     Alabi Lawal     Saadu Alanamu     School Of Nursing     Ajibola Saliu Ajia     Jimoh Olusola Imam     Oba Of Jebba     Rihanat Ajia     Amoyo     Sulu Gambari     Olohungbebe     International Vocational Centre     Adedipe     Law School Scholarship     Balikis Jawondo     Igbomina     AbdulRaheem Ahmad Shayi     Ishaq Salman     Ijagbo Health Centre     Babatunde Ishola Babaita     Noah Yusuf     Funmilayo Braithwaite     Peculiar Allowance     Apado     Haleeman Salman     Oju Ekun Sarumi     Just Event Online     Sherif Shagaya     Samuel Olusegun Adedayo     Rotimi Samuel Olujide     Halidu Danbaba     JAAC     Amos Bajeh     Nigerian Supreme Council For Islamic Affairs    

Cloud Tag: What's trending

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

Roseline Oni Aremu     Olatunde Michaels     Balogin Alanamu     Abdulmumini Sanni Jawondo     Labour Party     NAWOJ     Offa Descendants Union     Split Diamond Interchange     Monthly Sanitation     Sanusi Abubakar     Jumoke Monsura Gafar     Modupe Oluwole     Erin-ile     TETFUND     Abatemi-Usman     Peter Amogbonjaye     Metro Park     Salaudeen Oyewale     Adaramaja     Facemasks     IPSAS     Elese Of Igbaja     Marufat Oladosu     Imodoye Writer’s Enclave     Babaita     Saduki Lafiagi     Umar Sanda Yusuf     Haruna Olawale Sulaiman     Ariyo     Saad Omo\'ya     General Hospital, Offa     Ayinke Saka     Elewu     Ramadan     United Nigeria Airline     Government House     Magaji Erubu     David Oyepinola Adedumoye     Baboko     Turaki Of Ilorin     Afin Descendants Union Of Odo-Owa     Ahmad Uthman     Ballah     Yahaya Seriki     NNPP     Afolasade Opeyemi Kemi     Nurudeen Muhammed     Maigidasanma     Raimi Iyanda     Ogidi-Oloje     Emir Of Yashikira     Old Oyo     Ahmed Ayinla Jimoh     Nigerian Medical Association     Babs Iwarere     Mujtabah Bature     Muideen Olaniyi Alalade     Olaitan Adefila     Agboola Babatunde     Arandun     20 Billion Bond     Femi Oladiji     National Broadcasting Commission     Shuaib Abdulkadir     Salake     Muhammad Sirajo Aliyu     Abiodun Musa Aibinu     Garment Factory     Samuel Adedoyin     SAPZ Project     MINILS     Awodun     Alore     Sa\'adatu Modibbo-Kawu     Mutawali Of Ilorin     Ibrahim Abdulqadir Abikan     Akorede