Ade Adesomoju , Abuja

The Federal Government , on Tuesday , filed 11 grounds notice of appeal against the June 14, 2017 judgment of the Code of Conduct Tribunal which acquitted Senate President Bukola Saraki of 18 counts of false asset declaration and other related offences.

The charges were preferred against Saraki , a former governor of Kwara State , in September 2015.

The CCT , in Abuja, had , on June 14, 2017 , discharged and acquitted Saraki of all the 18 charges.

The two - man panel of the CCT , led by its Chairman, Danladi Umar , unanimously upheld the no - case submission which Saraki filed after the prosecution closed its case with the fourth and the last prosecution witnesses testifying on May 4 , 2017.

There were 48 documentary exhibits tendered in the course of the trial.

Umar , in his lead ruling , exonerated Saraki of all the charges on , among other grounds , that failure of the prosecution to invite Saraki for interrogation was fatal to the case.

In its notice of appeal , the Federal Government stated that the judgment “ effectively ” overruled previous decisions of the Court of Appeal delivered with respect to Saraki ’ s trial and other criminal cases.

“ The judgment of the lower tribunal is unwarranted, unreasonable and against the weight of evidence , ” the notice of appeal read in part.

The notice of appeal was signed by the lead prosecuting counsel , Mr . Rotimi Jacobs ( SAN ) , and an Assistant Chief State Counsel in the Federal Ministry of Justice , Mr . Pius Akutah.

Describing the judgment as “ unconstitutional and without jurisdiction ” , the appellant stated that the CCT erred in law by upholding Saraki ’s no - case submission “ when the onus of proof” was on the Senate President to show “ that there was no infraction in the Code of Conduct Forms.

It added , “ By the provisions of paragraphs 11 ( 2 ) , ( 3 ) and ( 13 ) of Part 1 , 5 th 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 , 5 th 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 .”

But in the notice of appeal filed on Tuesday , the Federal Government sought two prayers which are “ an order setting aside the ruling of the Code of Conduct Tribunal delivered on June 14, 2017 upholding the no- case submission raised by the respondent ( Saraki ) at the close of the prosecution ’ s case” and “ an order calling upon the respondent to enter his defence . ”

The Federal Government in its notice of appeal faulted all the grounds on which the CCT predicated Saraki ’s acquittal.

The appellant stated among others that the CCT “ failed to analyse and evaluate the evidence of prosecution witnesses” before reaching the conclusion that there was no case made against Saraki.

It stated that the tribunal also failed to point out the evidence of prosecution witnesses discredited by the defence.

According to the appellant , the tribunal also failed to apply the provisions of sections 302 and 303 of the Administration of Criminal Justice Act , 2015.

The notice of appeal stated in part, “ The learned members of the tribunal, in their consideration of no -case submission, failed in their duty to look at the offences charged, the ingredients of the offence and the evidence adduced by the prosecution before upholding the respondent’s no - case submission.

“ The learned members of the tribunal failed to analyse and evaluate the evidence of prosecution witnesses before reaching their conclusion that there is no case made out against the respondent.

“ The tribunal failed in its duty to point out the material evidence adduced by the prosecution witnesses touching the ingredients of the offence charged that was discredited by the respondent’ s counsel during cross- examination.

“ The learned members of the tribunal failed to consider and apply the decision of the Supreme Court in Daboh v State ( 1977 ) 5 SC 197 at 315 , where the Supreme Court held that if the submission is based on discredited evidence, such discredited evidence must be apparent on the face of the record and that if such is not apparent , then the submission is bound to fail.

“ The learned members of the tribunal failed to point out any apparent discredited evidence on the face of the record before it upheld the submission of a no case.

“ The tribunal failed in its duty to point out the essential ingredients of the offences charged and the evidence adduced by the prosecution to show that the available evidence could not establish the ingredients of the offences.

“ The tribunal failed to apply the provisions of sections 302 and 303 of the Administration of Criminal Justice Act , 2015 in upholding the no- case submission made by the respondent .”

In the second grounds, the appellant held that in upholding the no - case submission, the tribunal ought to have only discharged Saraki , but wrongfully went ahead to discharge and acquit the Senate President.

The notice of appeal stated , “ The power of the Tribunal when upholding a no - case submission is to discharge the defendant and not to acquit him.

“ By section 302 of the Administration of Criminal Justice Act , 2015 , the only order the Tribunal can make when a no - case submission is upheld is an order of discharge and not acquittal .”

Also , the appellant faulted the claim by the CCT that the Economic and Financial Crimes Commission, which investigated the case against Saraki , failed to invite him for interrogation before charging him.

It contended that the CCT ’s finding was against the evidence adduced by the prosecution.

It stated that contrary to the CCT ’ s finding , the EFCC invited Saraki and obtained his hand - written statement made by him under caution and the prosecution tendered the document before the CCT as exhibit 45.

It added that the decision by the CCT amounted to overruling its earlier ruling delivered on March 24 , 2016 and the judgment of a superior court , the Court of Appeal , where “ it was decided that the defendant ( Saraki ) needs not to be invited . ”

The notice read in part, “ PW 1 never said that the EFCC did not invite the respondent in the course of investigation of the petition against him but that PW 1 did not personally invite the defendant.

“ The tribunal’ s decision is against its earlier ruling delivered on March 24 , 2016 and the decision of the Court of Appeal in Appeal No : CA/ A / 172 C / 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 argued that then CCT erred when it described the testimony of a prosecution witness as hearsay.

The notice of appeal read , “ 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 , 5 th 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.”
In another grounds of appeal , the appellant 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 appellant stated , “ The respondent, by his own application dated 1 st 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 24 th March , 2016 , ruled and dismissed the application of the respondent and he appealed to the Court of Appeal in Appeal No : CA/ A/ 172 C / 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 Federal Government, from collaborating or acting in concert with any other organs of the Federal Government , 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. ”

The notice of appeal also faulted the CCT pronouncement that the prosecution did not tender the original asset declaration forms of the respondent and his statement when they were available.

It stated , “ Exhibits 1 to 6 , 26 and 45 qualify as public documents under Section 102 of the Evidence Act , 2011 , and there is no law that makes only the original of public documents admissible in law.

“ The Tribunal failed to consider the provisions of Sections 102 , 104 , 105 and 146 of the Evidence Act, 2011 to the effect that a certified true copy of a public document or part thereof may be produced in proof of the contents of the public document or a part thereof.

“ The Tribunal effectively overruled the decisions of the Supreme Court in Odubeko v. Fowler (1993) 7 NWLR (Pt. 308) 637 and the Court of Appeal in Tumo v . Muwana (2000) 12 NWLR ( Pt . 681 ) 370 that courts must presume certified true copies of public document as genuine and act on it unless there is a contrary evidence.

“The Tribunal completely closed its eyes to the fact that the prosecution produced the original of the assets declaration forms before the Tribunal and requested the Tribunal and the defendant to compare the original with the certified true copies without any objection from the defendant.”

The notice of appeal added, “The Code of Conduct Tribunal erred in law in upholding the no - case submission raised by the respondent at the close of prosecution ’ s case and in discharging the respondent.

“ By the authorities cited , the prosecution only has a duty to show that there are some infractions of the Code of Conduct prescribed for public officers under the Constitution and the prosecution had established those infractions through his witnesses.”


http://punchng.com/fg-appeals-says-sarakis-acquittal-unreasonable/

Saraki was at least subjected to trial in a court of competent jurisdiction and was acquitted.
Let them try others including Babachir,Amaechi,Fayemi and others who have heaps of petitions against them b4 coming back to Saraki.

dokiOloye:
Saraki at least subjected himself to court trial and was acquitted.
Let them try others including Babachir,Amaechi and others who have heaps of petitions against them b4 coming back to Saraki.

You're lucky it's impossible to send hard knocks over the internet. You'd have received thousands for your foolish comment.

BTW did you even read the news article?

BlackAfrican:


You're lucky it's impossible to send hard knocks over the internet. You'd have received thousands for your foolish comment.

BTW did you even read the news article?

purge urself of d spirit of violence aka Boko haram spirit

ok

dokiOloye:
purge urself of d spirit of violence aka Boko haram spirit

Purge yourself of the spirit of foolishness and laziness.

BlackAfrican:


Purge yourself of the spirit of foolishness and laziness.

Amigo, go back to sleep so U can grow tall like uncle dokiOloye .
Sail on.

dokiOloye:
Amigo, go back to sleep so U can grow tall like uncle dokiOloye .
Sail on.

You are full of emptiness. Next time don't rush to make a foolish comment because you want to belong.

only a fool will celebrate the unjustified judgment handed to a know dishonest person called saraki.

This appeal is great and the grounds for it were well researched. With the way the CCT chairman was blowing hot air at the beginning of the trial, I thought he was infallible and could not be easily compromised. Never did I know he was merely trying to make Saraki pay a higher bribe to secure an undeserved victory based on flawed technicalities. I guess they miscalculated.

My fear is that Osibanjo MAY have a hand in this cos he appears like someone who is afraid to step on toes to save this nation.

I pray Buhari returns in good health. If he doesn't, I want to formally call upon and declare my support for Sanusi Lamido Sanusi as the next president of Nigeria.

BlackAfrican:
This appeal is great and the grounds for it were well researched. With the way the CCT chairman was blowing hot air at the beginning of the trial, I thought he was infallible and could not be easily compromised. Never did I know he was merely trying to make Saraki pay a higher bribe to secure an undeserved victory based on flawed technicalities. I guess they miscalculated.

My fear is that Osibanjo MAY have a hand in this cos he appears like someone who is afraid to step on toes to save this nation.

I pray Buhari returns in good health. If he doesn't, I want to formally call upon and declare my support for Sanusi Lamido Sanusi as the next president of Nigeria.

I guess Babachir Lawal and Amaechi don't even have toes,so they have nothing that can be stepped on.
Bloody hypocrites.

BlackAfrican:
This appeal is great and the grounds for it were well researched. With the way the CCT chairman was blowing hot air at the beginning of the trial, I thought he was infallible and could not be easily compromised. Never did I know he was merely trying to make Saraki pay a higher bribe to secure an undeserved victory based on flawed technicalities. I guess they miscalculated.

My fear is that Osibanjo MAY have a hand in this cos he appears like someone who is afraid to step on toes to save this nation.

I pray Buhari returns in good health. If he doesn't, I want to formally call upon and declare my support for Sanusi Lamido Sanusi as the next president of Nigeria.

Your pay master has not yet returned. He is still resting in peace in London.

I pity u.

mitchew whom are they fooling, only the fools like u will beleive this

FG with their drama series

dokiOloye:
I guess Babachir Lawal and Amaechi don't even have toes,so they have nothing can be stepped on.
Bloody hypocrites.

Please if you have nothing intelligent to say keep off my mentions.

The same CCT acquitted the big thief-Tinubu on technical grounds that was even said to be done in error but was hailed by the then ACN & it deluded zombies as victory for democracy.So why should it be different in the case of Saraki? BTW,is it only in the Saraki's case that the APC have lost it corruption fight? What happened in the case of Buhari's certificate saga, Amaechi,Fayemi,Fashola,Buratai,Danbazzuo,Abba Kyari MTN and the latest Lawal Babachir's grass-cutting scandals among many? A case of using deodorant to fight executive corruption? As long as APC is selective in its anti-corruption fight,it'll keep going in circles.
The hypocrisy of this Idiotic government stench a lot.

Paperwhite:
The same CCT acquitted the big thief-Tinubu on technical grounds that was even said to be done in error but was hailed by the then ACN & it deluded zombies as victory for democracy.So why should it be different in the case of Saraki? BTW,is it only in the Saraki's case that the APC have lost it corruption fight? What happened in the case of Buhari's certificate saga, Amaechi,Fayemi,Fashola,Buratai,Danbazzuo,Abba Kyari MTN,Lawal Babachir scandals among many? A case of using deodorant to fight executive corruption.A long as APC is selective in its anti-corruption fight,it'll keep going in circles.
The hypocrisy of this Idiotic government stench a lot.

dokiOloye:
Saraki at least subjected himself to court trial and was acquitted.
Let them try others including Babachir,Amaechi and others who have heaps of petitions against them b4 coming back to Saraki.

Taaaaah!

original banana senses fall on both of u dia.

dokiOloye:
Saraki at least subjected himself to court trial and was acquitted.
Let them try others including Babachir,Amaechi and others who have heaps of petitions against them b4 coming back to Saraki.

You mind the hypocrites in APC.All these is happening because Saraki outsmarted them in their game & they could not stomach it.Same Saraki they see as hero of democracy when he defected to APC & was one of the financiers of Buhari's presidential bid.

BlackAfrican:


Please if you have nothing intelligent to say keep off my mentions.

U mentioned me first,blockhead.

we already knw that nothing go happen with the initial gragra of the tribunal chairman. They are all THIEVES

OK can we at least channel our efforts towards achieving stable power supply? abi till after 300 years before light go stable for Nigeria

ipobarecriminals:
we already knw that nothing go happen with the initial gragra of the tribunal chairman. They are all THIEVES

May be but the case must remain open. Saraki like his sidekick Melaye- must not be allowed to hold public office in this country again.

The judgment was nothing but cash and carry!

Ndiaraa lele lekwa ah in phyno voice, who do they want to deceive, we know how Saraki case originated it was a case of political blackmail.

More Jamboree to keep NL zombies busy. Nothing will come out of it still.

free2ryhme:
The judgment was nothing but cash and carry!

That's the change APC promised you, deal with it.

BlackAfrican:


My fear is that Osibanjo MAY have a hand in this cos he appears like someone who is afraid to step on toes to save this nation.

I pray Buhari returns in good health. If he doesn't, I want to formally call upon and declare my support for Sanusi Lamido Sanusi as the next president of Nigeria.

Hahahaha Hahahaha

BlackAfrican:


Please if you have nothing intelligent to say keep off my mentions.

My friend keep quiet and stop regurgitating all over this thread! After the vegetable comes home wrapped in bedsheets on a wooden carrier, Osunbande will be sworn as president. In 2019, Osunbande will contest for the presidency and would win resoundingly! Let your corrupt emir concentrate on ruling his Emirate and clearing the air of corruption around him.


Doctokwus I sight you!
Pls come and do justice to this zombie who thinks Osunbande is not capable. I know you take this kind of matters very personal.

BlackAfrican:
This appeal is great and the grounds for it were well researched. With the way the CCT chairman was blowing hot air at the beginning of the trial, I thought he was infallible and could not be easily compromised. Never did I know he was merely trying to make Saraki pay a higher bribe to secure an undeserved victory based on flawed technicalities. I guess they miscalculated.

My fear is that Osibanjo MAY have a hand in this cos he appears like someone who is afraid to step on toes to save this nation.

I pray Buhari returns in good health. If he doesn't, I want to formally call upon and declare my support for Sanusi Lamido Sanusi as the next president of Nigeria.

The same Sanusi that declared that Yoruba are the problem of Nigeria yet the foool looted Kano treasury to fund his obnoxious lifestyle.

BlackAfrican:


You are full of emptiness. Next time don't rush to make a foolish comment because you want to belong.

vedaxcool:
only a fool will celebrate the unjustified judgment handed to a know dishonest person called saraki.

BlackAfrican:


.

U b surprised at d number of foolish pple celebrating that criminal,but d govt's selectiveness in its fight has made it difficult sometimes to fully support it.
I for one bliv honestly that it is those in d cabal that wrote that judgement for Umar,for their own ends.
Very few in this govt actually bliv in fighting corruption despite all d noise.

BeardedMeat:



Doctokwus I sight you!
Pls come and do justice to this zombie who thinks Osunbande is not capable. I know you take this kind of matters very personal.

Osinbade maybe capable but I do see where d fears of d guy u quoted originate from.
Indeed,Osinbade looks like someone that may turn out to be d typical Nigerian politician,if we don't put pressure on him.
D main reason however y Osinbade shud ascend that office fully and fulfil d great potential he has is because I think d people surrounding Buhari are just using d instruments of his office to be ruling in his name.
I neva voted Kyari,Daura, etc,i voted Buhari and if he is too sick to rule,he shud av d integrity to step down,because no matter what,Osinbajo can never b fully in charge,so long as Buhari remains officially d president,vegetable,comatose or not.