False assets declaration: Appeal Court reserves judgment over Saraki’s acquittal

The Court of Appeal in Abuja on Tuesday reserved its judgment in the appeal by the Federal Government, asking it to set aside the judgement of Code of Conduct Tribunal (CCT) which discharged and acquitted the President of the Senate, Dr Bukola Saraki, of charges of false assets declaration.

Justice Tinuade Akomolafe-Wilson- led panel had reserved its judgment after taken arguments from the parties.
The appellate court later informed the parties that it would communicate the date of the judgment to them in due course.

Arguing the appeal against the CCT’s decision, the prosecuting lawyer, Mr Rotimi Jacobs (SAN), stated that the tribunal erred in law when its acquitted Saraki of the charges.
Jacobs urged the appellate court to hold that the prosecution had proved beyond reasonable doubts that the defendant falsified his assets declaration.

He described the CCT judgment as a miscarriage of justice and urged the appellate court to correct the injustice.

Jacobs, who formulated five issues for determination by the appellate court, pointed out that the tribunal erred in law by basing its verdict delivered on June 13, 2017 on hearsay.

He submitted that oral evidence made in support of a documentary evidence as in the instant case, could not be said to be hearsay.

Responding, lead lawyer to Saraki, Mr Kanu Agabi (SAN), urged the appellate court to dismiss the false assets declaration charges, saying that the appeal lacked merit.

Agabi said that contrary to the federal government’s deposition, the 18 count charges were based on hearsay and deliberate falsehood.
He cited the evidence of a prosecution witness and Head of Investigation and Intelligence Unit, Code of Conduct Bureau (CCB), Samuel Madojemu, who testified that the CCB, did not conduct any investigation on any asset matter because there was no petition against the defendant.

The Senate President also said that the same witness admitted that the CCB did not obtain any statement from him (Saraki) and that the charges were filed against him based on the information supplied by an unnamed team.

Agabi said, “From the totality of evidence adduced at the tribunal, it was absolutely clear that the charges were based on hearsay that cannot be substantiated.

“I am surprised that the government claimed that the onus of proof lies on the part of the defendant hence, they did not call vital witnesses.

“This is fatal to the case of the prosecution because in a criminal matter as in the instant case, the onus of proof is to be made by the prosecution”.

Agabi, urged the appellate court to uphold the ruling of the Danladi Umar-led tribunal which had earlier discharged and acquitted the defendant for want of diligent prosecution and to hold that the appeal of the government lacked merit.
The Federal Government had in 2015, brought charges of false Asset Declaration against Saraki shortly after he emerged as Senate President.
But Saraki was on June 13, 2017 discharged and acquitted by the tribunal in a ruling on a No case submission on the grounds that the charges were based on evidence from doubtful sources.

Andrew Orolua, Abuja