Connect with us

Politics

CCT trial: FG appeals against Saraki’s acquittal

Published

on

The Federal Government has filed 11 grounds notice of appeal against the acquittal of Senate President Bukola Saraki.

This is out of the 18 counts of false asset declaration and other related offences by the Code of Conduct Tribunal (CCT).

The CCT had upheld the no-case submission which Saraki filed.

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, Pius Akutah.

In its notice of appeal, the FG said the judgment overruled previous decisions of the Court of Appeal on the charges.

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.”

The FG sought two prayers which include: “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 appellant stated that the CCT “failed to analyse and evaluate the evidence of prosecution witnesses.”

The notice of appeal also added: “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.”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Oshiomhole’s only opponent withdraws from APC chairmanship race

Published

on

Clement Ebri, an aspirant for the position of national chairman of the All Progressives Congress (APC), has withdrawn from the race.
Ebri withdrew less than 72 hours to the party’s elective national convention scheduled for Saturday.
In a letter he wrote to the party, the aspirant said he decided to pull out of the race following “deep consultations” with family, friends, party leaders and other stakeholders.
“I have reached the decision to withdraw my candidacy from the race for the national chairmanship of the APC. This decision has been taken in what I consider to be the overall interests of the party,” he said in the letter.
He said what happens in the leadership of the APC affects the party’s ability to deliver on its promises.
Ebri explained that it was on that basis he declared his candidacy to run for office of national chairman.
“My gratitude goes to everyone who believed in me sufficiently to invest their time, energy and resources in that process,” he said.
“I enjoin them, as faithful party loyalists, to transfer their support they had hitherto reserved for my candidacy to our aspirations for peace in the party and endorse Mr Adams Oshiomhole as national chairman of APC.”
He added that he would join hands with Adams Oshiomhole, former Edo governor, who is favoured for the position, to make the APC an “inclusive organisation where every voice counts”.
Ebri is a former governor of Cross River.

Continue Reading

Politics

Jonathan: PDP is coming back in 2019

Published

on

Former President Goodluck Jonathan says the Peoples Democratic Party (PDP) is getting stronger and poised to take over power come 2019.
Jonathan said this on Wednesday when he hosted Atiku Abubakar, former vice-president, in his house in Yenagoa, Bayelsa state capital.
Jonathan, who lost to President Muhammadu Buhari, in 2015 is optimistic that his party is now in a better position to regain its ruling status.
“I believe PDP is coming back and getting stronger,” he said.
“Yes, we had some issues in 2015. But as you know politics is a very dynamic business. Even though we are in the opposition with fewer governors, PDP is still the strongest and largest party.”
Abubakar, in a similar manner, also said there is no other party that has the structure and strength like the PDP.
The former number two citizen who lost in the APC primary election that produced Buhari, has since defected to the PDP and he is aspiring to run under the platform in 2019.
“It is actually the Peoples Democratic Party (PDP) that has the strength and structure to get back to Aso Rock,” he said, adding that “without PDP, APC should not have been in Aso Rock.”
He also expressed his disappointment with the current administration.
“Have we ever had this rate of unemployment and poverty in Nigeria? Have we ever had five sets of exchange rate before in this country? Have we ever had so much insecurity like this before? No! Have we ever been this divided before in this country? No!”

Continue Reading

Politics

2019: Atiku meets Goodluck Jonathan in Bayelsa

Published

on

As the 2019 election gets closer, former Vice President, Atiku Abubakar on Wednesday met with former president, Goodluck Jonathan.
They met in Bayelsa home of the former president.
However, details of their meeting were not disclosed as at the time of filing this report.
Before now, both men have always been on opposite sides politically until Atiku made his move to join PDP last year.
Meanwhile, Atiku is set to compete with two times Senator, Ahmed Makarfi for the Peoples Democratic Party, PDP, nomination form ahead of the 2019 presidential election.

Continue Reading

Trending

%d bloggers like this: