Supreme Court quashes false asset declaration charge against Saraki

July 6, 2018

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NEWS DIGEST – The Supreme Court today has finally put to bed the trial of Nigeria’s Senate President, Dr. Bukola Saraki, on assets declaration and sundry charges instituted against him before the Code of Conduct Tribunal.

A five- man panel of the apex court led by Justice Dattijo Muhammad unanimously

upheld Saraki ’s appeal, by dismissing the remnant three counts, declaring the evidence

led by the prosecution as hearsay.

The Danladi Umar- led CCT had, in June last year, terminated the trial upon an application

by Saraki, by dismissing the entire 18 counts preferred against the Senate President.

The CCT ’s decision was based on the grounds that the prosecution , with its four witnesses

and 49 exhibits tendered, only led hearsay evidence which could not be the basis to link

Saraki to the 18 counts preferred against him.

However, the Court of Appeal in Abuja ruling on December 12, 2017, in an appeal filed by

the Federal Government against the decision of the CCT, restored three out of the

dismissed 18 counts and ordered Saraki to return to the CCT to defend the three

charges.

While Saraki had appealed to the Supreme Court against the part of the Court of Appeal’s decision restoring three of the 18 counts, the Federal Government had cross-appealed against the part of the decision affirming the tribunal ’s dismissal of the rest of the 15 counts.

However, in its lead judgment on Friday, Justice Centus Nweze upheld Saraki ’ s appeal

and dismissed the Federal Government ’s appeal.

Justice Nweze agreed with the CCT that the evidence led by the prosecution at the

tribunal was entirely hearsay.

He held that the Court of Appeal was wrong to have restored three out the 18 counts earlier dismissed by the CCT when it agreed that the evidence led by the prosecution was

hearsay but went ahead to isolate three of the counts as having been proved.

Justice Nweze quoted a part of the Court of Appeal’s judgment where it held that “ the

prosecution failed to call those who have direct knowledge of the facts sought to be

proved, to testify”.

Faulting the Court of Appeal’s turn around to restore three of the counts based on the

evidence it had declared as hearsay , Justice Nweze said was “ equivalent to judicial

equivalent of a forensic somersault”.

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