TheNewsGuru

Tag: CCT

  • JUST IN: CCT adjourns Saraki’s trial indefinitely

    …to await Supreme Court appeals by March 15

    The Code of Conduct Tribunal on Thursday adjourned indefinitely the trial of the Senate President, Dr. Bukola Saraki on charges of false assets declaration.

    The adjournment, according to the Danladi Umar-led CCT, was to await the decision of Supreme Court on the appeal filed by Saraki and the Federal Government’s cross-appeal in respect of the case.

    “The tribunal has decided to adjourn sine die (indefinitely) pending the outcome of the appeals at the Supreme Court,” Umar ruled after dismissing the prosecution’s objection to an adjournment on Thursday.

    The defence led by Chief Kanu Agabi (SAN), earlier informed the tribunal that the Supreme Court had fixed March 15 for the hearing of the pending appeals.

    Thursday was the seconded time the scheduled adoption of final addresses by parties to the trial at the CCT had to be shifted.

    The trial had resumed on February 6, 2018, following the December 12, 2017, judgment of the Court of Appeal in Abuja, which restored three out of the entire 18 counts earlier dismissed by the CCT.

    The Court of Appeal had partly set aside the CCT’s ruling on the no-case submission which Saraki had filed after the prosecution called four witnesses and tendered documentary exhibits.

    The court ordered Saraki to return to the CCT to defend three counts, which it stated the prosecution had led prima facie evidence to prove.

    But both the Saraki and the prosecution had subsequently filed separate appeals to the Supreme Court challenging the parts of the Court of Appeal’s judgment they found unfavourable.

  • FG queries Magu, Keyamo over corruption charges against CCT chairman

    FG queries Magu, Keyamo over corruption charges against CCT chairman

    The Federal Government has issued a query to the Acting Chairman of the Economic and Financial Crimes Commission EFCC), Mr. Ibrahim Magu and a Senior Advocate of Nigeria, Mr. Festus Keyamo over the corruption charges filed against the Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Yajubu Umar in its name.

    In the query dated February 16, 2018 and with Reference No DPP/ADV:368/15 Magu was ordered to make his response to the query available to the Attorney General of the Federation (AGF) and the Minister of Justice on or before Tuesday, February 20, 2018.

    In the query, signed by Mr. Dayo Apata, the Solicitor General of the Federation and Permanent Secretary Magu is to explain what informed the filing of corruption charges against the tribunal chairman having being cleared of corruption allegation two times by the same Economic and Financial Crimes Commission. Titled “FR VS Danladi Umar (CR/109/18) request for Briefing,” the query read in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court. “I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether the charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so.

    This clarification becomes imperative in view of the following background facts. “The Commission’s investigation report dated 5th March 2015 addressed to the Secretary to the Government of the Federation stated as follows: “The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence. “The Commission’s position in paragraph 2(a) above was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives’ Investigative Committee sometimes in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.

    “In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based. “Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances.”

    In the same vein, in a separate letter to Mr. Festus Keyamo SAN, who was purportedly engaged as a private lawyer by Magu to prosecute the CCT boss was also requested by the AGF to confirm who authorise him to file the corruption charge against Umar. Like Magu the senior Lawyer was given till Tuesday February 20, 2018 to furnish the Office of the AGF in writing detail of who engaged or issued him with authority to file the corruption charges.

    The letter to Keyamo with reference No DPP/ADV:369/15 dated February 16, 2018, which was also signed by the Solicitor General of the Federation and Permanent Sectary read in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that you have filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.

    “The Honourable Attorney General of the Federation hereby requests that you kindly furnish this office with the details of the instruction or authorization upon which you instituted the case under reference. Kindly accord this letter top priority while your prompt response on or before Tuesday, February 20, 2018 is solicited in this regard.” Although the EFCC in two separate letters to the Federal Government through the Secretary to the Government of the Federation had in 2015 and 2016 cleared Umar of any wrong doing in the alleged N10 million bribery allegation made against him by a defendant, Rasheed Taiwo Owolabi standing trial before him on false asset declaration.

    Upon receipt of the petition from Owolaabi, the EFCC had investigated the petition and sent its report to the Secretary to the Government of the Federation (SGF) with a Reference No EFCC/EC/SGF/03/56 dated March 5, 2015, personally signed by the then Executive Chairman of the EFCC, Mr. Ibrahim Lamorde exonerating the CCT boss from the bribery saga.

    The EFCC report received by the office of SGF on March 6, 2015 was categorical that “the facts as they are against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the offence.” Other EFCC’s documents show that in 2016 a fresh investigation was conducted into the same N10mn bribery allegation and the same anti-graft agency in its second report absolved Umar of any wrongdoing and that the bribery allegation against him remain a mere suspicion. The EFCC’s second report with reference EFCC/P/HRU/688/V30/99 dated April 20, 2016 and submitted to the SGF and signed by the Secretary to the Commission, Emmanuel Adegboyega Aremo, read in part: “Kindly recall our correspondence of March 5 2015 with Reference EFCC/EC/SGF/03/56 with above subject caption.

    We will like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegation levelled against Justice Umar were merely suspicions and consequently insufficient to prosecute the offence.” Finding by PRNigeria revealed that the action of Magu in instituting criminal charges against Umar has caused serious confusion and embarrassment to the Federal Government because the EFCC reports had made clear that the CCT boss had no case to answer. The AGF was said to have been thoroughly embarrassed with the corruption charges because he had already informed the National Assembly that Umar had no corruption case to answer based on the two reports of EFCC to the Federal Government.

    The Federal Government was infuriated by the action of Magu in engaging Keyamo as a private counsel to prosecute the CCT boss in purported corruption charge because, the same Keyamo is the counsel to Rasheed Taiwo Owolabi who is standing trial at the Code of Conduct Tribunal and who made the allegation in the course of his trial on criminal offence.

    However, there are indication that the corruption charge against the CCT boss may be dropped by so as not to cause further embarrassment to government in its fight against corruption.

    A source said the Federal Government has to be consistent in its fight against corruption and that having cleared Umar on two occasions on the same issue, saw no reason to somersault on the issue, hence the need to withdraw the corruption charges.

    The EFCC had on February 2, brought a two-count charge against the CCT Chairman Danladi Yakubu Umar bordering on alleged receipt of N10m bribe from one Rasheed Owolabi Taiwo in the charge signed by Festus Keyamo as a private prosecuting counsel and one Offem Uket an official of EFCC. Umar was accused of receiving N1.8mn through his Personal Assistant, Gambo Abdullahi for a favour to be afterwards shown to the petitioner who was standing trial for a criminal offence before the tribunal. No date has been fixed for arraignment of the CCT boss at the High Court of FCT, Abuja.

  • Alleged N10m fraud: CCT chairman’s trial holds in March not February – Keyamo

    The arraignment of the Code of Conduct Tribunal, CCT, Danladi Umar, over allegations of bribery will hold in March, not February 15, the prosecution has said.

    The prosecution counsel, Festus Keyamo in chat with newsmen denied reports that Umar will be arraigned today, February 15.

    “It’s not today. He is going to be arraigned on March, 15. It’s March 15,” Keyamo said.

    Umar is however scheduled to continue overseeing the trial of a former customs officer, Rasheed Taiwo, who accused him of bribery.

    The trial which began over six years ago, is closely linked to the ongoing case against Mr. Umar who was charged based on the allegation brought by Mr. Taiwo.

    An official of the Court of Appeal who did not want to be named, because he was not authorised to speak said on Thursday that an appeal challenging the decision of Umar to still preside over Mr. Taiwo’s case, ”will soon be decided upon.”

    “Yes, the Court of Appeal heard arguments of parties in the matter during the month of December. The case was brought by some lawyers who want Umar to step down because of the allegations against him. The Appeal Court will soon call the parties for a ruling on that case,” the source said.

    The current charge against Mr. Umar were first filed by the EFCC on allegations of the CCT chairman’s involvement in the collection of a N10 million bribe from Mr. Taiwo, in 2012.

    The bribe was allegedly given when Mr. Taiwo was first arraigned for allegations of false asset declaration at the CCT.

    Following the charge, Mr. Umar was suspended by the government, but was later cleared and reinstated.

    On February 2, however the EFCC filed fresh charges against the CCT chairman, bordering on the same alleged offence.

    The allegations are contained in a two-count charge filed at a High Court of the Federal Capital Territory.

  • Just in: Saraki appears at CCT for false assets declaration trial

    Just in: Saraki appears at CCT for false assets declaration trial

    Bukola Saraki, the Senate President, is now at the Code of Conduct Tribunal, CCT, for the resumption of his trial.

    Saraki is facing charges bordering on false assets declaration before the Dabladi Umar-led tribunal, on Tuesday.

    He arrived the CCT in company of some Senators at 10.5am.

    The resumed trial, followed the December 12, 2017 judgment of the Court of Appeal in Abuja, which restored three out of the entire 18 counts earlier dismissed by Umar.

    Following the judgment of the Court of Appeal, the CCT had issued a hearing notice inviting parties to the case to resume trial on the three charges today.

  • Alleged N10m bribe: EFCC files fresh charges against CCT chair

    The Economic and Financial Crimes Commission (EFCC) has filed fresh charges of bribery against the chairman of the Code of Conduct Tribunal, Danladi Umar.

    The charges, prepared by Festus Keyamo, an EFCC prosecutor, came two years after the anti-graft agency last absolved Mr. Umar of any wrongdoing in a case of judicial bribery and racketeering.

    According to court filings made available on Friday evening by Mr. Keyamo, Mr. Umar collected N10 million from Rasheed Taiwo, a former Customs official who was facing false assets declaration charges before the Code of Conduct Tribunal sometimes in 2012.

    The prosecution also accused Mr. Umar of receiving N1.8 million of the N10 million bribe sum through one of his personal assistants, Gambo Abdullahi.

    The two counts of fraud contradicted Section 12(1) (a) and (b) of the Corrupt Practices and Other Related Offences Act, 2003, Mr. Keyamo stated in charge affidavit prepared on January 25 and stamped on February 2 at the Federal High Court, Abuja.

    The charges read in part: “That you, Danladi Yakubu Umar, being the Chairman of the Code of Conduct Tribunal and presiding over a case with Charge No. CCT/ABJ/03/12, involving one Rasheed Owolabi Taiwo, sometime in 2012, at Abuja, within the jurisdiction of this Honourable Court did ask for the sum of N10million from the said Rasheed Owolabi Taiwo, for a favour to be afterwards shown to him in relation to the pending Charge (No. CCT/ABJ/03/12) in discharge of your official duties and thereby committed an offence contrary to Section 12(1) (a) & (b) of the Corrupt Practices and Other Related Offences Act, 2003.

    “That you, Danladi Yakubu Umar, being the Chairman of the Code of Conduct Tribunal and presiding over a case with Charge No. CCT/ABJ/03/12, involving one Rasheed Owolabi Taiwo, sometime in 2012, at Abuja, within the jurisdiction of this Honourable Court did receive the sum of N1,8million from the said Rasheed Owolabi Taiwo, through your Personal Assistant by name Alhaji Gambo Abdullahi, for a favour to be afterwards shown to him in relation to the pending Charge (No. CCT/ABJ/03/12) in discharge of your official duties and thereby committed an offence contrary to Section 12(1) (a) & (b) of the Corrupt Practices and Other Related Offences Act, 2003.

    With five witnesses already lined up, the EFCC said it would rely on a petition dated 20th June, 2013, by Rasheed O. Taiwo; the statement of the CCT chairman; the Zenith Bank Statement of Taiwo Rasheed Owolabi.; the Zenith Bank Statement of Ali Gambo Abdullahi and a copy of Zenith Bank Cheque of Taiwo Rasheed Owolabi; a copy of Zenith Bank Cheque of Ali Gambo Abdullahi and all processes and documents in Charge No. CCT/ABJ/03/12.

    The ex-Customs officer was arraigned before the tribunal in Suit CCT/ABJ/03/12 for alleged failure to declare his assets.

    But the judge was alleged to have asked for the bribe to throw away the case.

    The CCT chair could face up to seven years’ imprisonment if convicted of the charges.

    However, spokesperson for the CCT, Ibrahim Al-Hassan said he could not immediately give a reaction to the development when pressed for comments. He said he needed time to study the court filings against his principal, promising to revert by Monday.

    The EFCC first cleared Mr. Umar of the bribery allegations in March 2015. When the trial of Senate President Bukola Saraki reached its peak in 2016, the anti-graft office wrote another letter clearing the jurist of any wrongdoing in Mr. Taiwo’s case.

    ‘‘We would like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and stated that the allegations levelled against Justice Umar were mere suspicious and consequently insufficient to successfully prosecute the offence,” the EFCC said in an April 20 letter to the Office of the Secretary to the Government of the Federation, which supervises the Code of Conduct Tribunal.

    In the same letter, the EFCC concluded that there was no strong case against Mr. Umar but that there was prima facie evidence to prosecute Mr. Abdullahi, his personal assistant “who could offer no coherent excuse for receiving N1.8 million naira into his salary account from Taiwo who is an accused person standing trial at the Tribunal.”

    The EFCC was compelled to clear Mr. Umar after he came under intense scrutiny since the commencement of the trial of Mr. Saraki, over alleged false assets declaration, with many accusing him of being equally tainted and calling on him to excuse himself from Mr. Saraki’s case.

    In December 2016, a group, the Anti-Corruption Network, had also alleged that Mr. Umar used his office to purchase N34.9 million exotic vehicles, furniture and other household items without following due process.

    The first clearance notice was written on March 5, 2015 through the office of the then-SGF, Pius Anyim.

    The anti-graft agency wrote another letter in April 2016 following concerted attempts by Mr. Saraki and his associates to force Mr. Umar’s hands to stand down from the top lawmakers’ false assets declaration trial.

    In June 2017, Mr. Umar ultimately found Mr. Saraki not guilty on all the 18 counts of false assets filings when he was governor of Kwara State between 2003 and 2011.

    In December, the Court of Appeal in Abuja affirmed the conclusion of the tribunal on all but three counts, a decision the Senate President immediately appealed to the Supreme Court.

     

  • Asset Declaration: Saraki return to CCT Feb 6 for retrial

    Indications have emerged that the Senate President, Dr. Bukola Saraki, will be back at the Code of Conduct Tribunal for his trial in the False Asset Declaration charges brought against him by the federal government.

    However, unlike in the recent time, Saraki will only defend himself on three count charges as ordered by the Court of Appeal Abuja Division which in its judgment nullified 15 out of 18 charges against him.

    According to report by PRNigeria, the tribunal fixed the February 6 date for the resumption of the trial following an application to that effect by lead counsel to the federal government, Mr. Rotimi Jacob (SAN).

    However, the February 6 date may only be for the mention of the case as the two contending parties, the Senate President and the federal government have filed appeal and cross-appeal at the Supreme Court in respect of the decision of the court of appeal.

    Although the Administration of Criminal Justice Act 2015 frowns at incessant adjournments of criminal matters, both Saraki and federal government may settle for a stay of the trial, having join issues with each other at the apex court.
    On his part, the Senate President is praying the Supreme Court to uphold the ruling of the Code of Conduct tribunal which in a no-case submission, discharged and acquitted him on the grounds that the charges against him were predicated on hearsay which has no basis in law.

    Saraki in the appeal filed by his lead counsel Mr. Kanu Agabi, prayed the Supreme Court to set aside the judgment of the Court of Appeal delivered on December 12, 2017 which voided 15-count charge against him and ordered him to defend himself from the remaining three.

    On its part, the federal government has filed a cross-appeal in which it prayed the apex court to restore the 18-count charge back to the tribunal for Saraki to defend himself upon.
    The grouse of the federal government, it was learnt, was that the Court of Appeal erred in law when it held that the 15-count charge against Saraki were voided because they were based on hearsay.

    With the federal government asking that the 18-count charge be restored at the tribunal for Saraki to defend upon, it is uncertain if the same government would wish to go ahead with trial on three counts only having solicited that the 18 count charges be returned against Saraki.
    However, at the time of this story, the CCT under the chairmanship of Mr. Danladi Yakubu Umar, had issued hearing notices to both Saraki and federal government to appear before it on February 6, 2018, to take a common ground.

    The federal government had in 2015, filed a 12-count charge bordering on false declaration of asset against Saraki but the charges were increased to 18 due to amendment effected by the complainant.
    At the close of the federal government case, Saraki had made a no-case submission to the tribunal claiming that he was not directly linked with the charges against him, that the charges were based on hearsay and that prima facie case was not established against him.
    In his ruling delivered on June 13, 2017 the CCT boss agreed with Saraki that prima facie case was not made against him and that the entire charges were based on hearsay evidence and consequently discharged and acquitted the defendant.

     

  • CCT: FG disburses N229.6m to 22,926 poor, vulnerable in Jigawa

    The Federal Government on Thursday said it had disbursed N229, 640,000 million to 22,962 women considered to be poor and vulnerable in Jigawa, under its Conditional Cash Transfer (CCT).

    Malam Nura Sani, the Head of Media and Publicly, Jigawa office of the Federal Government’s Special Intervention Program (SIP), said this to the News Agency of Nigeria (NAN) in Dutse.

    Sani said that the fund was disbursed to the beneficiaries in nine local government areas of the state: Auyo, Guri, Gwiwa, Jahun, Kaugama, Kiyawa Miga, Roni and Taura.

    He explained that the beneficiaries were selected from three political wards of the benefiting local government areas, considered to be the poorest of the poor.

    According to him the nine councils represent the first batch for the take-off of the programme being 30 per cent of the 27 local government areas of the state.

    According to him, 15 more councils will also benefit from the programme.

    NAN reports that CCT scheme was introduced by the Federal Government to tackle poverty among Nigerians.
    CCT programmes are aimed at reducing poverty by making welfare programmes conditional upon the receivers’ actions.

    In the programme, the government transfers the money to persons who meet certain criteria, include enrolling children into public schools, getting regular check-ups at the doctor’s office.

    CCTs seek to break the cycle of poverty in the country through the development of human capital.

     

  • 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.

  • FG appeals Saraki’s acquittal, says judgment unreasonable

    The Federal Government, on Tuesday, filed 11 grounds notice of appeal against the June 14, 2017 judgment of the Code of Conduct Tribunal, CCT 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, but 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, 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.”

    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, “PW1 never said that the EFCC did not invite the respondent in the course of investigation of the petition against him but that PW1 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/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 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, 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.”

    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 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 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.”

     

  • 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.”