THE prosecution in the ongoing trial of Senate President, Dr Bukola Saraki, appears to have run into fresh dilemma following the release of a legal opinion from the Ministry of Justice, which faulted the procedure for initiating prosecutions at the Code of Conduct Tribunal (CCT).
The legal opinion, which was originally released in respect of the case filed against the former Minister of Niger Delta Affairs, Elder Godsday Orubebe and which informed the withdrawal of the suit against the former minister at the CCT, had indicated that failure of the prosecution to obtain a statement from the suspects before filing that case was highly detrimental to the success of the suit.
Sources at the ministry confirmed that in line with the legal advice, the government, last week, withdrew the suit bordering on false asset declaration against Orubebe.
Sources confirmed that the decision to withdraw the charges was based on a legal advice from the Federal Ministry of Justice. in which it was strongly canvassed that the case against Orubebe as presently constructed and filed was fundamentally defective.
The Legal Advice issued by the Ministry of Justice, according to sources, was to the effect that since Orubebe was not invited to make a statement before he was dragged to the trial, the process might have negated the provisions of Section 379 (1) (a) of the Administration of Criminal Justice Act 2015.
The section lists prerequisites for embarking on criminal trial, indicating that one of the main items is the “copies of statements of the defendant.”
The Act also mentioned other ingredients of a trial to include the list of witnesses; list of exhibits to be tendered; summary of statements of the witnesses; copies of statement of the defendant, as well as other documents, report, or material that the prosecution intends to rely on for the prosecution.
The new criminal administration law also indicates that the prosecution must produce particulars of bail or bond, particulars of place of custody, particulars of plea bargain arranged and particulars of any previous interlocutory or remand proceedings in respect of the charge.
Legal luminaries at the Ministry of Justice were said to have told the Federal Government that without the statement of the defendant, the case could easily run into a hitch, adding that a similar situation led to the striking out of the suit filed against former governor of Lagos State, Senator Bola Tinubu, in 2012.
A source had said: “That case against Saraki is already being encumbered by emerging details. The withdrawal of the suit against Orubebe is a clear pointer to the contents of a legal opinion in the Ministry of Justice, having looked at the contents of the Administration of Justice Act 2015.
Source; http://tribuneonlineng.com/cct-prosecution-in-fresh-dilemma-over-saraki

lock this topic,,orurobe,= saraki

Nonsense!
While I don't support persecution of anyone, its clear that FG is not yet ready to win any case it instituted. Is that how corruption will be fought? Why is the mistake made during GEJ regime be repeated again?
It seems it's easier to win alleged corruption cases in the media than in the court.

I know this will happen ultimately since saraki hired a former minister of justice, the guy who brought in Rotimi Jacob and even made umar the cct chairman. I knew he will definitely win. Buhari need to purge this judiciary and eliminate tactics for delay of proceedings, the case would have been done and dusted had it been this delay is not there. I also advise the President to set aside a panel that can punish electoral offenders, these killings is too much biko. osinbajo, we need ur brain now

When there is will, there will be a way. The 'koko' be say, Saraki is going home a happy man.