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Code Of Conduct: Appeal Court Orders Saraki’s Retrial – Senate President Reacts To Judgement
The Appeal Court sitting in Abuja has upturned Senate President, Dr Bukola Saraki’s acquittal by the Code of Conduct Tribunal (CCT).
The three-man panel led by Justice Tinuade Akomolafe-Wilson unanimously ruled that the Senate President 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 back to CCT for continuation of the trial.
“The court has evaluated the entire issues contained in this appeal and it is important to note that 15 out of the 18 count-charge are hereby dismissed.
“It is clear to the court that the appellant has failed to establish prima facie on those charges against the respondent.
“However, the testimony from Saraki’s banker and evidence of prosecution before the trial court did establish a prima facie based on counts four, five and six.
“So, in the light of this, these counts are remitted to the trial court for the continuation of the respondent’s trial,’’ she said.
The three counts border on the respondent’s purchase of No 17A and No 17B MacDonald Street, Ikoyi, Lagos.
Saraki had claimed that he acquired those properties from proceeds of sale of rice and sugar while serving as governor of Kwara State.
The Senate president’s testimony contradicted his banker’s who testified that the properties were procured through loans.
The Code of Conduct Tribunal (CCT) in Abuja, chaired by Danladi Umar, had discharged and acquitted Saraki on July 14 over allegations of false assets declaration.
His ground was that the prosecution failed to prove its case.
The tribunal said that the evidence against the Senate president was insufficient and wishy-washy.
According to Danladi, the defence was able to discredit all the evidences adduced by the prosecution during cross examination of witnesses.
The tribunal upheld the no-case-submission of Saraki, stressing that the evidence led by the prosecution was discredited under cross examination and therefore unreliable.
The CCT further held that no reasonable tribunal would convict a defendant on the evidence led by the prosecution through its four witnesses.
Days after, the Office of the Attorney-general of the Federation filed a notice of appeal.
After amending the initial charge against the Senate President, the Federal Government filed an 18-count charge bordering on false assets declaration.
The prosecution team, led by Mr Rotimi Jacobs, filed the amended charge on February 8 after trial had begun.
Saraki was initially standing trial on a 13-count charge of false asset declaration.
Meanwhile, the Senate President, Bukola Saraki, has reacted to the decision of the Appeal Court sending him back to the Code of Conduct Tribunal to answer to three charges on false asset declarations.
Mr. Saraki said he is vindicated by the decision of the court to strike out 15 of the 18 charges levelled against him.
The Federal Government had appealed the acquittal of the Senate President earlier this year by the CCT.
The tribunal had dismissed all 18-count allegations of false and anticipatory declaration of asset by Mr. Saraki.
At its sitting yesterday, the Court of Appeal ruled that Mr. Saraki did not sufficiently answer three of the charges.
In a statement by his media aide, Yusuph Olaniyonu, Mr. Saraki said the decision of the court further proves his innocence.
“We noted the verdict of the Court of Appeal Court today in which it agreed with the decision of the Code of Conduct Tribunal that Senate President, Bukola Saraki has no case to answer on 15 of the 18 charges filed against him by the Federal Government.
“We believe that upholding the no case submission by Mr. Saraki with regards to 15 of the 18 counts charges vindicates the innocence of the Senate President. At least, today’s judgement has confirmed the position of the Tribunal that the prosecution’s case was entirely based on hearsay, not on any concrete evidence.
“The verdict of the Court of Appeal, just like that of the Tribunal before it, aligned with our position that the preposterous claims made during trial by the prosecution concerning operation of foreign accounts, making anticipatory declarations, collecting double salaries, owning assets beyond his income and failure to declare assets owned by companies in which the Senate President owns interests, among others, have fallen like a pack of cards and lack any basis,” Mr. Olaniyonu said.
The statement hinted that the Senate President would challenge the decision of the appellate court.
“On the remaining three counts, which really touch on two issues, referred back to the Tribunal for the Senate President’s defence, it should be noted that the Appellate Court only gave a summary of its decision today promising to provide the parties with certified true copies of the judgment soon. As soon as it makes the details of the judgement available, our lawyers will review the grounds of the decision and take appropriate action.
“We remain convinced about the innocence of the Senate President on the three (or two) counts because we believe the decision of the Court of Appeal is not consistent with the submissions made by both parties at the Tribunal.
Thus, it is our view that that aspect of the judgment will not stand.
“The confidence and faith of Mr. Saraki in the nation’s judiciary and its ability to dispense justice to all manners of people remains unshaken.”
Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.
The Economic and Financial Crimes Commission (EFCC) has stated that hotels, schools, and other establishments that accept payments in dollars from their customers are at risk of facing arrest.
The Chairman of EFCC, Ola Olukoyede, said this in the agency’s publication called EFCC Alert on Monday, adding that action would be taken against individuals involved in the dollarisation of the economy.
According to him, the exception is if foreigners come in to transact business and the only means of transacting is their credit card and dollar but to charge local customers in dollars or other foreign currencies would no longer be allowed.
He said charging local activities and customers in dollars is against Nigeria’s constitution.
The EFCC chairman said, “Schools that charge Nigerians in dollar, supermarkets that trade in dollar, estate developers that sell their property in dollar, hotels that are invoicing in dollar, we are coming after you and we have made arrests in that area.
“Yes, if foreigners are coming in and the only means of transacting is their credit card, and dollar, why not? You will get that.
“But document it properly as against selling things within the system, local economy and you will be using dollar as the medium of exchange, it is illegal.
“Our law does not allow for that. And we have also affected some arrests.”
Rivers State Governor, Sir Siminalayi Fubara, has enjoined Muslim faithful to remain steadfast to the lessons learnt during the holy month of Ramadan.
Governor Fubara stated this in his message of felicitations to Muslims as they celebrate the 2024 Eid-el-Fitr Sallah, which marks the end of the one-month Ramadan fasting.
The Governor emphasised the importance for Muslims to also uphold the tenets of Islam by exhibiting the fear of God and showing piety in their daily work.
Governor Fubara said, “We must all continue in the good attributes imbibed during the holy month of Ramadan as directed by God through His Prophet, so as to ensure peace, unity and harmony in the society for a better future.”
While praying that the essence of the festival offers them happiness, peace and prosperity in all aspects of life, Governor Fubara said he recognises and appreciates the critical role that the Muslim community continues to play in the development of Rivers State, and indeed, Nigeria at large.
Governor Fubara charged them to remain unwavering and steadfast in their commitment and positive contributions to advance the development of the State and the country.
“I enjoin you all in the State to remain calm, be patient and continue to do what is right,” the Governor added.
He wished the Muslim faithful in the State and across the country a happy Eid-el-Fitr celebration.
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