Saraki asks tribunal to dismiss false asset declaration charge

The Senate president, Bukola Saraki has asked the Code of Conduct Tribunal (CCT) to dismiss the false asset declaration charges levelled against him on the grounds that no prima facie case has been established against him.

He told the tribunal that from the 18 count charges and the totality of evidence adduced by the prosecution witnesses, he had not been linked in any way with the allegations against him.

In his no case submission argued by his counsel, Kanu Agabi SAN, Saraki said that the prosecution failed to establish the charges and as such, there was no need for him to be ordered to enter defence by the tribunal.

He said that the charges against him predicated on petitions and that through out the prosecution’s case, the report of the investigation into the petitions were never made available to the tribunal for verification.

Agabi pleaded with the tribunal to painstakingly read the petitions so as to be able to establish that the petitions have nothing to do with the senate president.

Apart from the fact that the reports on the investigation of the petitions were not made available to the tribunal by government, none of the petitioners was invited as witness in the charges against the defendant.

He specifically informed the tribunal that he made a no case submission for his client because the charges against him were founded on faceless petitions and pleaded with the tribunal to dismiss the charges so as to discourage writers of faceless petitions.

The learned silk also drew the attention of the tribunal to counts 1, 2, 6, 9, 10, 11, 12, 13, 14 and 16, adding that in the counts, Saraki was charged wit false declaration by making no declaration.

He insisted that the charges were full of anomalies and were also inconsistent, adding that false declaration by refusal to declare is unknown to law, and does not amount to any offence.

He maintained that Saraki declared his assests as required by law and that no one can make declaration that the statement of a public officer is false unless such a person is authorised by law to do so.

Through out the prosecution case against Saraki, Agabi said that nobody was mentioned as having declared the assets declared by the senate president in his assest forms as false.

He specifically referred the tribunal to the evidence of Samuel Madojemu, the head of the investigation and intelligence unit of the Code of Conduct Bureaue (CCB) and his affidavit evidence, stating that through out his testimony, he based his evidence on hear say from the the Economic and Financial Crimes Commission (EFCC), arguing that witnesses ought to be called to prove the case were not called.

The senior lawyer therefore urged the tribunal headed by Danladi Umar to decide the no case submission on justice and not on sentiments from the prosecution.

However, in his opposition to the no case submission, counsel to the federal government, Rotimi Jacibs SAN insisted that there is serious prima facie case been established to warrant the defendant to be called upon by the tribunal to enter his defence in the charges against him.

He drew the attention of the tribunal to some asset forms of the defendant, adding that investigations established false declaration of assets.

He told the tribunal that discharging the defendant at a no case point level will defeat the fight against corruption and purpose of the Code of Comduct Tribnal.

Jacobs maintained that name of the defendant was mentioned in the petitions and even without that, a person can still be prosecuted without any petition against him.

The prosecutor urged the tribunal not to form opinion, evaluate evidence or make observation on the fact, at this level and urged the tribunal to hold that a prima facie case has been effectively established against the defendant.

The chairman of the tribunal, Umar after taking arguement from both parties announced that he wouldbsit down with his colleague on the panel to decide on the no case arguenent and that a date for ruli would be communicated to the lawyers when the ruling is ready.

It will be recalled that the federal government had in september 2015 slammed false assest declaration charges on the senate president, while the charges were amended three times in the course of the trial.

SEYI ANJORIN, Abuja