Appeal Court to Saraki: You have a case to answer at CCT

* Set aside tribunal’s verdict on his acquittal
* Orders retrial of Saraki on 3 counts

The Court of Appeal in Abuja on Tuesday held that the prosecution had established prima facie cases in three- count charge out of the 18- count charge filed against the Senate President, Bukola Saraki, over his trial on false assets declaration
at the Code of Conduct Tribunal (CCT).

The Court of Appeal, therefore ordered Saraki, who was discharged and acquitted on March 14, 2017 by the CCT in the false asset declaration charge, should enter his defence on count 4, 5 and 6 of the charge filed by Code of Conduct Bureau (CCB).

But the appellate court held that the prosecution who filed the appeal against the decision of the CCT was unable to establish prima facie case on counts 1, 2, 3, 7, 8, 9,10, 11, 13, 14,15,16,17 and 18 of the charge.

In effect, the three man panel of Justices of the Court of Appeal (JCAs) unanimously set aside the verdict of the tribunal that acquitted and discharged Saraki over the offence of false assets declaration.

Justice of the Court Appeal (JCA), Justice Tinuade Akomolafe-Wilson, who read the 70-page judgment, held that there was no evidence to sustain 15 out of the 18-count charge against Saraki.

The JCA also held that the evidences relied upon by the prosecution were hear say evidences from the prosecution witnesses that have no probate value.

The JCA further held that the 48 documents tendered by the federal government and admitted by the tribunal were not from the appropriate sources that were supposed to tender them before they could be admitted in line with provisions of the law.

But the JCA held that Saraki has a case to answer on counts 4, 5 and 6 on the purchase of house 17A and B at McDonald Street, Ikoyi Lagos by Saraki, where he claimed in the asset declaration form that he purchased them from the money he realized from trading.

The JCA added that as public officer, Saraki was not allowed to trade.

She agreed with the federal government argument that there were discrepancies in the claims of Saraki in his asset declaration forms as to how the two houses in Ikoyi were acquired.

The JCA also held that there is the need for the Senate President to provide explanations to the discrepancies established by the prosecution over the purchase of the properties.

This is because Saraki claimed that he bought the properties from sales of rice and sugar in his asset declaration form whereas he bought the houses from loans acquired from a commercial bank.

Reacting to the judgment on Tuesday, the lead prosecuting lawyer, Mr Rotimi Jacobs (SAN) and one of the lead lawyers to Saraki, Mr Paul Usoro (SAN), stated that they would appeal the judgment.

Usoro added that the defence team would study the judgment and take necessary steps accordingly.

Andrew Orolua Abuja