The Abuja Division of the Court of Appeal, yesterday, dismissed 15 out of the 18 counts of false assets declaration brought against the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal (CCT).
Consequently, the three-man panel of the appellate Court led by Justice Tinuade Akomolafe-Wilson unanimously ordered Saraki to return to the CCT and enter his defence on three of the counts.
In a 70-page judgment, the court ordered the Senate president to stand trial on counts 4, 5 and 6, which concerned the purchase of No. 17A and B MacDonald Street, Ikoyi, Lagos worth N260 million.
The court held that the prosecution was able to establish a prima facie case against Saraki in respect to the three-count charge.
The judge said there were false claims by Saraki in the declaration forms stating how the two houses in Ikoyi were acquired.
Justice Akomolafe-Wilson held that while Saraki claimed in his assets declaration forms that he acquired the properties with proceeds from the sale of rice and sugar, the prosecution was able to establish that he actually acquired them with loans he obtained from the bank.
In Count 4, which was sustained by the Court of Appeal, Saraki was accused of making false assets declaration at the end of his tenure as Governor of Kwara State in 2011 and on assumption of office as Senator in 2011 in respect of a property at 17A McDonald, Ikoyi, Lagos.
The prosecution contended that the defendant falsely declared to have acquired the property at 17A McDonald, Ikoyi, Lagos on September 6, 2006 from the proceeds of sale of rice and sugar.
In Count 5, the prosecution accused Saraki of making false asset declaration at the end of his tenure as Governor of Kwara State in 2011 and on assumption of office as a Senator in 2011 when he declared that he acquired No. 17B McDonald, Ikoyi Lagos on September 6, 2006 from proceeds of sale of rice and sugar.
In Count 6, the prosecution also accused Saraki of making a false declaration in his Assets Declaration Form at the end of tenure as Governor of Kwara in 2007 and on assumption of office as Governor in 2007 by failing to declare his outstanding loan liabilities of N315,054,355.92 out of the loan of N380,000,000 obtained from Guaranty Trust Bank Plc.
Justice Akomolafe-Wilson, held that there was “direct evidence” from the testimony of first, second and fourth prosecution witness supporting the three counts.
Meanwhile the court struck out counts 1,2,3,7,8, 10,11,12,13,14,15,16,17 and 18 on the grounds that the prosecution failed to link him with the alleged offences as the evidence alluded to in those charges by some of the prosecution witnesses were hearsay and therefore not admissible in law. The court in a unanimous judgment held that there was no evidence to prove the 15 counts as valid charges.
However, Justice Tinuade Akomolafe-Wilson held that the prosecution was able to establish a prima facie case against Saraki on counts 4, 5 and 6 bordering on the purchase of house 17 A and B at Mc Donald Street, Ikoyi, Lagos, valued at N260 million.
“And it is hereby ordered that counts 4,5 and 6 be remitted to the code of conduct tribunal,” the court held.
Saraki has indicated his readiness to approach the Supreme Court to challenge the ruling.
His counsel, Mr. Paul Usoro said the judgment would be studied and that the apex court will be invited to adjudicate on the three charges with a view to getting them nullified.
Counsel to the Federal Government, Mr. Rotimi Jacobs also said the legal team of government will study the judgment and decide the next line of action.
In a related development, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) said it might revisit case files of 20 former state governors it indicted for corruption in 2008.
Addressing newsmen in Abuja, yesterday, acting Chairman of ICPC, Abdullahi Bako, said the case files were shelved due to a combination of legal and financial impediments.
“The cases came up when the governors were still in office, and the law provides for the setting up of an independent council to investigate them,” he said.
“Unfortunately, at that time, the office of the Chief Justice of Nigeria (CJN) which was to appoint the council had no money to pay for such gigantic operation or assignment
“That was why nothing was done about it. But the files may be revisited now that they have left office, especially of those with prima facie cases against them.”
In mid 2008, the commission announced the setting up of a committee to investigate several petitions of alleged corrupt acts against the governors.
At the end of the exercise, 20 of the ex-governors, whose identities were not released by the commission, were allegedly found to have violated the ICPC Act.
Bako also said the commission was awaiting the directive of the Federal Government on what to do with assets recovered from looters.
“We are not auctioning the assets. There is a body set up by the government to audit recovered assets all over the country and abroad.
“It is left for the government to decide thereafter; it is not for the individual anti-corruption agencies to dispose off anything,” he said.
|Sun