FG asks A’Court to reverse Saraki’s acquittal

The federal government has asked the Court of Appeal Abuja Division to reverse the acquittal of Senate President, Dr. Bukola Saraki by the Code of Conduct Tribunal in his assets falsification trial.

In an appeal filed on Friday through Rotimi Jacobs (SAN), the federal government also said that the Code of Conduct Tribunal was wrong in law when it acquitted Saraki with flimsy reasons that cannot stand.

The government prayed the Court of Appeal to correct the error committed by the Justice Danladi Umar-led tribunal by reversing the decision and ordering a continuation of the trial.

The appeal was filed by the complaint counsel on behalf of the Office of the Attorney-General of the Federation who had earlier expressed disappointment over the tribunal ruling.

The office of the Attorney General had complained that the CCT ruling delivered on June 14, 2017, ought not to have upheld the no-case submission by Saraki nor acquit him of the 13 counts of false assets declaration “when the onus of proof” was on him to show “that there was no infraction in the Code of Conduct Forms he filled.”
Especially as : “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. The tribunal’s decision is unconstitutional and without jurisdiction,” they stated in their brief of argument.

They also claimed that the tribunal’s decision was against its earlier ruling delivered on March 24, 2016 and the decision of the Court of Appeal in Appeal No: CA/A/172C/2016 where it was decided that the defendant need not to be invited. The tribunal wrongly overruled the decisions of the Court of Appeal and itself,” it said.

The Federal Government is also contending that the CCT was wrong when it described the testimony of a prosecution witness as hearsay.

According to the government , “PWIII is an investigator with the Code of Conduct Bureau who gave evidence of the role he played, what he saw and the outcome of his investigation.

“The Tribunal failed to consider paragraphs 11 (2), (3) and (13) of Part 1, 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which imposed the onus of proof on the respondent to justify his declaration. The evidence of PWIII is not hearsay evidence.”

The Federal Government also faulted the decision of the co-member of the CCT, William Agwaza, who held that the joint investigative team, comprising operatives of the EFCC, the Department of State Services and the CCB was unknown to law.

“The respondent, by his own application dated 1st March, 2016, had raised the same issue that it is only the Code of Conduct Bureau that could investigate him and that the power of investigation cannot be delegated to the EFCC or any other body or agency.

“The tribunal, by its ruling delivered on 24th March, 2016, ruled and dismissed the application of the respondent and he appealed to the Court of Appeal in Appeal No: CA/A/172C/2016.

“The Court of Appeal in the judgment delivered 27th October, 2016, by Aboki, PJCA, dismissed the appeal and held that “there is nothing in any law preventing the Code of Conduct Bureau, an agent of the FG, from collaborating or acting in concert with any other organs of the FG, which are also engaged in investigations and prosecution of criminal matters in order to achieve its mandate under the constitution and the law.

“By the ruling of Hon. Agwadza, he has unwittingly sat on appeal and overruled the earlier decision of the Tribunal and the decision of the Court of Appeal. The decision of Hon. Agwadza borders on judicial rascality and impertinence.”