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.”