TheNewsGuru

Tag: Appeal

  • Saraki’s acquittal: FG to commence appeal process this week

    …to send CCT records to Appeal Court

    As parts of the preliminary process to challenge the Code of Conduct Tribunal, CCT, ruling acquitting Senate President, Dr. Bukola Saraki of all charges brought against him, indications have emerge that the Federal Government is set to transmit to the Court of Appeal sitting in Abuja, over 3,000 pages of the records of the 21 months trial of the Saraki at the CCT.

    TheNewsGuru.com reports that the transmission of records of the trial to the Court of Appeal is a legal requirement for the Federal Government to validate its notice of appeal filed against the CCT’s judgment, which recently discharged and acquitted Saraki of all the 18 charges of false assets declaration.

    According to legal experts, the Court of Appeal only assigns an appeal number to a case after receiving the “records of appeal” transmitted to it from the lower court.

    The records transmission will set the stage for exchange of briefs between the parties involved in the case before a date for hearing of the appeal can be fixed by the Court of Appeal.

    Ahead of the records transmission, which would likely take place this week, it was learnt that the legal team of the Federal Government and Saraki’s lawyers had, last week, participated in a “settlement of records” exercise.

    During the records settlement exercise, the two parties agreed on the records of the trial before the CCT that would be sent to the Court of Appeal.

    Accoding to a report by The Punch, the document, which the appellant (the Federal Government) and the respondent (Saraki) settled on, were over 3,000 pages.

    The paper also gathered that neither of the parties is foreclosed from seeking additional documents to be transmitted along with the already settled documents.

    The record of the proceedings, which started in September 2015 and ended on June 14, 2016, when the Danladi Umar-led CCT dismissed the 18 counts preferred against Saraki, was said to have formed the bulk of the documents to be transferred to the Court of Appeal.

    The documents agreed upon by parties to the appeal for transmission to the Court of Appeal were said to include the application to prefer charge; the first (original) charge; the amended charge; and the further amended charge.

    The records also comprised Saraki’s motion on notice dated March 4, 2016, which sought the dismissal of the case on among other grounds that he was not invited to make a statement before he was charged.

    Also to be included in the file are, prosecution’s counter-affidavit to the said motion; the prosecution’s further counter-affidavit to the said motion; the defendant’s further affidavit to the motion and a copy of the CCT’s delivered on March 24, 2016 dismissing the motion, among others.

    It was also gathered taht the parties would return to the CCT within the week for the “compilation of records” during which they would both witness the sorting out of the various documents and include them in file to be transferred to the Court of Appeal.

    After the records compilation, the file would be sent for transmission to the Court of Appeal.

    The Head, Press and Public Relations of the CCT, Mr. Ibraheem Al-Hassan, confirmed that the records settlement took place last week.

    He also said he did not know the volume of the records to be transmitted, because he did not participate in the records settlement exercise.

    Al-Hassan said, “The parties involved in the case met last week to settle the records of appeal. I cannot confirm the documents that were agreed on.

    “I also do not know the volume because I did not participate in the exercise of settlement but the two parties have agreed on a date for the transmission of the records.”

    TheNewsGuru.com reports that the CCT had on June 14 ruled that Saraki has no case to answer in the 18 charges of non-declaration of assets brought against him by the Federal Government.

    But in a swift reaction, the federal government expressed shock and insisted it will appeal the ruling saying the judgement was unreasonable.

    TheNewsGuru.com reports that Saraki had since said he was “unperturbed” by the appeal filed by the federal government challenging his acquittal by the Code of Conduct Tribunal, CCT.

  • Appeal of CCT judgment: I am unperturbed, bring it on! Saraki dares FG, Sagay

    Senate President, Dr. Bukola Saraki has said that he is “unperturbed” by the appeal filed by the federal government challenging his acquittal by the Code of Conduct Tribunal, CCT.

    TheNewsGuru.com reports that the CCT had on June 14 ruled that Saraki has no case to answer in the 18 charges of non-declaration of assets brought against him by the Federal Government.

    But in a swift reaction, the federal government expressed shock and insisted it will appeal the ruling saying the judgement was unreasonable.

    However, in a statement signed by his Special Adviser on Media and Public Affairs, Yusuph Olaniyonu, Mr. Saraki reiterated his earlier position that he remains unperturbed by the development.

    “Dr. Saraki is confident that the verdict at the appellate court would not be different from that of the tribunal as the facts of the case remain the same and the grounds on which the decision of the CCT was based remain unassailable.

    “Anybody who has been following the proceedings and the evidence given by the prosecution witnesses during examination in chief and cross-examination would know that if presented before any court of Justice and law, the same outcome as in the CCT would be arrived at.

    “Those who are running commentary on the ruling by the Tribunal and criticising it are those who are not even familiar with the case and the details coming out of the trial.

    “That is why Dr. Saraki continues to wonder how desperate some people in government and their collaborators outside have become to pull him down at all cost and by all means up to the point that they do not care if they destroy the institution of the judiciary in the process.

    “That is why they sponsored stories of allegation of bribery in an online publication against the Tribunal judges.

    “The Senate President seizes this opportunity to call on security agencies to immediately commence investigation on this bribery allegation.

    “This same desperation made a man like Prof. Itse Sagay, the Chairman of the Presidential Committee on Anti-Corruption (PACAC) to appear on tape admitting in a foreign country that he interfered with the process in the Tribunal when in an unethical manner he was instructing the judge on how to conduct the trial.

    “Corruption is not just about giving or diverting money. When an official interferes with the judicial process with a view to achieving personal objectives, that is corruption.

    “We hear the same desperate people say there was so much evidence they are surprised at the verdict of the tribunal. But they forget to mention that this was a case that the prosecution counsel amended charges thrice.

    “If as it is being portrayed to the public it was a straight forward case following investigation how come every time their case was dismantled during the process they went back to amend charges just in desperation to get a conviction?

    “The Senate President notes that another sign of desperation by those who want to get him convicted at all cost was the failed antics of the prosecution counsel, Mr. Rotimi Jacob who in collusion with the Economic and Financial Crimes Commission (EFCC) sought to manipulate evidence at the tribunal.

    “On realising the fundamental flaw in its case as it did not invite the defendant to make any statement at any point in the investigation, the prosecution brought in an agent of the EFCC to tender old statements Saraki made in a totally different and unrelated matter that had nothing to do with false asset declaration. The prosecution forgot that the letter inviting Saraki to make the tendered statements explicitly mentioned the matter being investigated. However, the tribunal, as it is obvious in its ruling, saw through the dirty trick. It therefore disregarded that piece of evidence and described it as irrelevant and of no value to the case,” he said.

    Saraki noted that another sign of desperation is the involvement of the EFCC in a case that has to do with false declaration of asset and as such only concerns the Code of Conduct Bureau and its tribunal.

    He said that all evidences provided during the trial by CCT were all EFCC evidence adding that the CB chief prosecutor testified that he got his instruction to investigate the case orally.

    “He made his report from the investigation orally. Even the directive to ‘collaborate with EFCC’ on the investigation was given orally, a development the tribunal found strange and unknown to law. ‎

    “All these antics aimed at perverting the course of justice were obvious throughout the period of the tribunal’s sitting. Though, one is conscious of the fact that the anti- graft agency and its ally bodies are frantically looking for a poster-case to sell its anti-corruption campaign and there is the hunger for conviction in a celebrated case to advertise in the international arena government’s determination to pursue the anti-graft campaign, we implore them to achieve this aim by allowing Justice to take its normal course.

    “This Appeal against the CCT ruling is nothing but another attempt to grandstand and embark on another media trial without any substance. This is why the Senate President is sure it will be another exercise in futility.

    “Dr. Saraki has demonstrated his unflinching belief in and respect for the judicial process and its ability to resolve issues relating to fundamental rights of Nigerians. That belief in the judiciary is the basis for his assurance that the position of the CCT that he is not guilty of the charges preferred against him would be sustained in the higher courts,” his spokesperson said.

  • Presidency shocked by Saraki’s acquittal at CCT, vows to appeal ruling

    The Chairman of the Presidential Advisory Committee on Anti-Corruption, PACAC, Itse Sagay, has expressed shock at the acquittal of the Senate President, Bukola Saraki, by the Code of Conduct Tribunal, CCT.

    TheNewsGuru.com reports that the CCT on Wednesday cleared Saraki of false asset declaration charges brought against him by the federal government. The tribunal chairman, Danladi Umar, ruled that the prosecution failed to establish prima facie case against Saraki, thereby upholding a no-case submission made by the defendant’s counsel, Kanu Agabi.

    Sagay spoke in an interview with Premium Times on Wednesday. According to him: “I was shocked myself by the ruling. The amount of evidence amassed against him (Saraki) was considerable; so, I am surprised it was said no prima facie had been made against him. It’s shocking that’s all I can say.”

    TheNewsGuru.com reports that the federal government arraigned Saraki before the CCT in September 2015.

    To prove his innocence of the charges, Saraki exhausted all avenues, up to the Supreme Court, which, however, resulted in his favour on Wednesday.

    “From the simple analysis of the evidence of the prosecution, we find it difficult to accept the seriousness of the witnesses. All the evidences were so discredited, unreliable that no reasonable court will attach probate value to them.

    “Since the essential ingredients of all the charges were not proved as required by law, this tribunal has no option to discharge and acquit the defendant in view of the manifestly unreliable evidence of the prosecution witnesses,” said Umar, whom Saraki had several times accused of bias.

    However, Sagay disagreed with Umar’s ruling.

    In his words: “”If you look at this case, the prosecution was very organised. Evidence was brought out very clearly. In fact, I would say mountains of evidence. So, nobody can blame poor prosecution in this case. So, what is the problem? A Nigerian factor? We don’t know,” said. Mr. Sagay.

    Speaking further, Sagay said the whole anti-corruption structure should be reexamined. He also dismissed popular insinuations that Saraki’s trial at the CCT was politically motivated in the first place.

    “It is a thing that will be under a very serious review to assess the whole anti-corruption fight; to see who is for it; who is subverting it.”

    “What I say is this: do not commit a crime so that no one will politically motivate your trial. Be clean. Who can come after me now politically? Nobody can charge me politically no matter how politically motivated he is against me, because I have nothing.”

    Asked to advise the government on what next to do, Mr. Sagay said: “obviously it (Saraki’s acquittal) has to be appealed against for the sake of the judicial system. The whole thing sounds incredible.”

     

  • PDP factions in war of words as Supreme court hears appeal today

    The National Chairman of the Peoples Democratic Party, Senator Ali Modu Sheriff, has said the Supreme Court should not hear an appeal filed by the sacked National Caretaker Committee of the party led by Senator Ahmed Makarfi.

    Although, hearing in the appeal is slated to take place before the Supreme Court on Monday (today), the Sheriff-leadership of the party has asked the apex court to strike out the appeal, marked SC/133/2017.

    The Makarfi-faction filed the appeal on February 27, 2017 against the February 17, 2017 judgment of the Port Harcourt Division of the Court of Appeal which sacked their caretaker committee.

    But Sheriff, as the National Chairman of the party, and Prof. Wale Oladipo (as the Secretary), prayed for the striking out of the appeal in their written argument accompanying an application which they filed on March 21, 2017.

    The written submission was filed on May 10, 2017, in compliance with the Supreme Court’s directive made during the proceedings of May 4, 2017.

    The applicants argued that having been declared illegal by the February 17, 2017 judgment of the Court of Appeal, Port Harcourt, Makarfi and members of the sacked committee lacked the powers to take decisions for the party, including initiating court proceedings in its name.

    Sheriff and Oladipo maintained that the PDP, under the current leadership, was comfortable with the judgment of the Court of Appeal and did not intent to challenge it.

    Their retinue of lawyers, led by Mr. Lateef Fagbemi (SAN), who filed the court processes on their behalf, argued that since the Court of Appeal, in its February 17, 2017 judgment, declared the Sheriff-led National Working Committee as the authentic leadership organ of the PDP, the Makarfi-led committee could no longer pursue an appeal in the name of the party.

    The Sheriff-led PDP leadership argued that the decision of the Makarfi committee to file an appeal in the name of the PDP without its (the party’s) authorisation was not only illegal, it violated the party’s constitution.

    They cited the provisions of Chapter 5, Articles 35(1), 36(1) and 42(1) of the PDP constitution to back their position.

    They stated, “The decision of the Port Harcourt division of the Court of Appeal cited above (that nullified the ‘National Convention’ of the 21/5/2016, as well as the appointment of the ‘National Caretaker Committee’) and the order made therein for status quo as of May 18, 2016, judgment of Justice Mohammad in Suit No. FCT/HC/CV/1443/20l6, to be reverted to by parties, are still valid and subsisting, and as such, are not only binding on the parties and their privies, but also on the courts including the Supreme Court.

    “In the circumstances, we humbly urge that these orders be given effect by recognising that only the National Executive Committee of the PDP, as represented by its National Chairman (Sheriff), National Secretary (Oladipo) and National Legal Adviser can act for the PDP to prosecute this appeal and to instruct counsel to act on behalf of the PDP.”

    The Sheriff-led PDP leadership noted that it had not, by its argument, said the Makarfi Committee could not appeal the May 17 judgment of the Appeal Court, having been parties in the case from the trial court, it (the Makarfi Committee) or its members could only appeal as interested parties after first obtaining the court’s leave to so appeal.

    In a counter-argument, the Makarfi committee’s group of lawyers, led by Chief Wole Olanipekun (SAN), urged the court to discountenance the Sheriff leadership’s arguments and proceed to hear its appeal.

    In its reply of argument, dated May 15, 2017, the Makarfi committee queried the legitimacy of the application filed by the Sheriff-leadership and argued that it was not only strange, but intended to frustrate the hearing of the main appeal.

    It argued that it was wrong for Sheriff and others, who had briefed Akin Olujinmi (SAN) to represent them in the substantive appeal and had filed a respondents’ brief, in which they also made similar arguments in relation to the competence of the appeal, to go ahead to brief Fagbemi to ask the court not to hear the appeal but to strike it out.

    Relying on Order 8 Rule 6 (1), (2) and (4) of the Supreme Court’s Rules, the Makarfi faction faulted the March 15, 2017 letter of the Sheriff-led NEC, applying to withdraw the appeal and the subsequent application for it to be struck out.

    It argued that since the appeal was not filed by Sheriff and others, they lacked the right to apply to withdraw it.

    In a response on point of law, filed by Fagbemi on May 18, the Sheriff-led NEC faulted all legal arguments by the Makarfi committee, urging the court to discountenance its contention and hold that it lacked the locus standi to file an appeal in the name of the PDP having been sacked by a subsisting judgment.