We’ve ‘Serious’ Case Against Saraki, FG Tells CCT

The Federal Government, yesterday, asked the Code of Conduct Tribunal (CCT) to dismiss the no-case submission filed by the Senate President, Dr Abubakar Bukola Saraki, to fault the evidence led by the prosecution in relation to the 16 charges of false declaration and other related offences preferred against him.
The Senate president, through his no-case submission filed before the CCT on May 26, 2017, contended that none of the exhibits tendered and no evidence given by the four prosecution witnesses linked him to the alleged offences to warrant him to defend the charges.
But arguing the Federal Government’s objection to the no-case submission, yesterday, the prosecuting counsel, Mr. Rotimi Jacobs (SAN), said there was “serious prima facie case” against the Senate president.
Chairman of the CCT, Danladi Umar, after hearing both the defence and the prosecution, yesterday, said the date for the ruling would be communicated to the parties soon.
The prosecution had closed its case after its fourth witness, Mr. Bayo Dauda, an official of Guaranty Trust Bank Plc, Ilorin branch, started and concluded his testimony on May 4.
Shortly after Dauda was cross-examined by the defence counsel, Mr. Paul Erokoro (SAN), the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), announced the closing of the prosecution’s case.
In response, Erokoro said the defence would file a no-case submission, contending that no credible evidence had been led by the prosecution to warrant Saraki to defend the charges.
Adopting the defendant’s written addresses before the CCT, yesterday, the lead defence counsel, Chief Kanu Agabi (SAN), said the petition which precipitated the charges had nothing to do with his client.
Agabi said the charges, especially counts 1, 2, 6, 9,10, 11, 12, 13, 14 and 16, had disclosed no valid offences.
He said, “Our submission is that the prosecution has not made out a case warranting an answer from the defendant is dated May 21, 2017, and filed on May 26, 2017.
“Our reply on point of law is dated June 7, 2017.
“Let me elaborate very briefly as follows: “We were told by the prosecution that the charges were precipitated by petitions tendered as exhibits 10, 11, 12, and 13.
“My lord should read the petitions. We beg your lordship to read them, they have nothing to do with the defendant.
“Let us assume the petitions were investigated, where is the report? Who are the writers? Why are they not here?
“The second point is that in counts 1, 2, 6, 9,10, 11, 12, 13, 14 and 16, the defendant was charged with ‘making false declaration by making no declaration’.
“There is inconsistency in the charges. I urge your lordship to hold that it is not an offence.”
He also contended that only an authorised person could declare the statement of a public officer to be false.
Agabi argued that the failure of the prosecution to disclose the name of the said authorised persons in the charges had rendered the charges invalid.
He also said two of the prosecution witnesses, Mr. Samuel Madojemu, an official of the Code of Conduct Bureau, and another operative of the Economic and Financial Crimes Commission (EFCC), Mr. Michael Wetkas, had only given hearsay testimony as evidence.
Agabi also urged the court to take note of the defence’s list of witnesses, whom the prosecution ought to call but failed to.
In response, the prosecuting counsel for the Federal Government, Jacobs insisted that the prosecution had made out a “serious prima facie case” had been established against the Senate President.