News
Court Reserves Verdict On FG, Saraki Case
The Abuja Division of the Court of Appeal, yesterday, reserved its judgment on appeal the Federal Government filed to challenge the dismissal of the 18-count criminal charges it preferred against the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal, CCT.
A three-man panel of Justices of the appellate court, led by Justice Tinuade Akomolafe-Wilson, adjourned to decide whether or not the case against Saraki should be re-opened.
The Federal Government had in its 11-grounds of appeal, prayed the appellate court to set-aside the CCT verdict that acquitted Saraki of all the charges it slammed against him.
It wants the court to direct Saraki to enter his defence to the 18-count charge.
It will be recalled that Justice Danladi Umar-led two-man CCT panel had on June 14, terminated further hearing on charges against Saraki on the premise that Federal Government failed to by way of credible evidence, to substantiate any of its allegations against the defendant.
However, in its Notice of Appeal, Federal Government faulted all the grounds on which the CCT predicated Saraki’s acquittal.
According to the Federal Government, “The judgment of the lower tribunal is unwarranted, unreasonable and against the weight of evidence”.
The Federal Government maintained that the CCT erred in law by upholding Saraki’s no-case submission “when the onus of proof” was on the Senate president to show that there was no infraction in the Code of Conduct Forms he tendered at various times, before the Code of Conduct Bureau.
According to FG, “By the provisions of paragraphs 11 (2), (3) and (13) of Part 1, 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), once the Code of Conduct form filled by the public officer is investigated and found to be false or that some assets are beyond the legitimate income of the public officer or that the assets were acquired by means of corrupt practices, the public officer concerned is deemed to have breached the Code of Conduct and it is for him to show to the tribunal that there is no infraction in the form.
“The honourable tribunal wrongly placed the onus of proof on the prosecution contrary to paragraphs 11 (2), (3) and (13) of Part 1, 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The Constitution of the Federal Republic of Nigeria, 1999 (as amended) clearly excluded the presumption of innocence on the allegation of infraction of the Code of Conduct by public officers and the tribunal wrongly applied the presumption of innocence contrary to the constitutional requirement”.
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