The Federal Government has argued that the acquittal
granted Senate President, Bukola Saraki, in his trial for false
assets declaration before the Code of Conduct Tribunal (CCT)
cannot stand because the tribunal erred in law in reaching
its decision.
The FG therefore, urged the Court of Appeal in Abuja to
remedy the error committed by the CCT headed by Danladi
Umar, by reversing its decision and ordering the
continuation of the trial.
The FG’s position is contained in a brief of argument filed
yesterday at the Court of Appeal, Abuja, for the office of the
Attorney General of the Federation by a team of lawyers led
by Rotimi Jacobs (SAN).
The CCT, in its judgment on June 14, 2017, upheld the no-
case submission by Saraki, and acquitted him of the 13
counts of false assets declaration brought against him by the
state.



In the FG’s brief of argument sighted by The Nation shortly
after it was filed yesterday, the FG argued in detail, the 11
grounds contained in the notice of appeal it filed earlier this
year.
The FG described the CCT judgment as “unconstitutional and
without jurisdiction.” It added that the CCT erred in law by
upholding Saraki’s no-case submission “when the onus of
proof” was on him to show “that there was no infraction in
the Code of Conduct Forms.
“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.
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/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 FG argued that the CCT erred when it described the
testimony of a prosecution witness as hearsay.
It said: “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 FG 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.
It said:”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.”
The FG equally 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 said: “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 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.”



Lalasticlala



http://thenationonlineng.net/false-assets-declaration-sarakis-acquittal-cannot-stand-fg/

O God please answer the prayers of the helpless pensioners, the suffering civil servants and the unemployed youths by exposing and disgracing Saraki and his stooges who have decide to milk Kwara dry

https://www.youtube.com/watch?v=RAIJK8viYyM

Check out, any thief in this country, regardless of his or her religion, tribe and political affiliation, as long as he/she is being investigated for alleged financial crime, he/she automatically becomes a hero to potor clowns.

Saraki is one of the numerous heros of the potor goats.

Potor goats right now

ayoncox:
O God please answer the prayers of the helpless pensioners, the suffering civil servants and the unemployed youths by exposing and disgracing Saraki and his stooges who have decide to milk Kwara dry

Lets just pray he doesnt end up, compromising d appeal court too.

With d pace of this case, saraki might endup finishing his tenure without justice being served!

The same way Tinubu who has a history of drug case, and then converted Lagos State to his personal empire, and Fashola who built personal website with 76 million government money are your heros, it baffles me when we think like this in this country, there are only two tribes in this country The Rich and the Poor, if you are not in the tribe of the Rich obviously you fall in the second category, so why deceiving urself, these politicians are all the same APC and PDP, The wedding that took place in Minna is an eye opener, so let the masses unite together and fight these theives that have raped us of our common patrimony.