The Code of Conduct Tribunal sitting in Abuja yesterday
reserved judgement in the alleged false assets declaration suit filed by the
Federal Government against the Senate President, Dr. Bukola Saraki. Earlier,
before the tribunal reserved judgement, Saraki, through his counsel, Kanu Agabi
(SAN), who led about 105 other lawyers, argued that the federal government, by
the charge brought, has not established any prima facie case against the
defendant.
Out of the 106 lawyers who represented Saraki at the
Tribunal, six were SANS, while others were junior lawyers.
Prosecution counsel, Rotimi Jacobs, however, insisted that a
prima facie case has been made against the defendant and, as such, the tribunal
should direct him to come and defend himself. The federal government had
slammed an 18-count charge on Saraki bothering on false and anticipatory assets
declaration. The defendant pleaded not guilty when the charge was read to him.
The prosecution, however, called three witnesses which
included an investigative officer with the Economic and Financial Crimes
Commission (EFCC), Michael Wetkas, a senior official of the Code of Conduct
Bureau (CCB), Samuel Madojemu and an account officer from the GTB.
After the prosecution closed its case, the defence filed a
no-case submission. A no-case submission is usually filed by an accused person
to show that the prosecution has not, in any way, linked him with the alleged
crime. Arguing his no-case submission, Agabi urged the tribunal to dismiss the
charge brought against the defendant and allow him to go home and rest.
He noted that the prosecution submitted that the
investigation that led to the trial was based on a petition. He, however, urged
the tribunal to read the petition, adding that it has nothing to do with the
defendant.
He urged the court to dismiss the said petition in order to
discourage frivolous petition. He also noted that in counts
1,2,,9,10,11,12,13,14 and 16, the defendant was charged with false assets
declaration without making any declaration. He further noted that the
prosecution is inconsistent in its charge against the defendant. Defence
counsel also argued that the evidence given by all the witnesses are common
hearsay.
Opposing the application, Jacobs submitted that the
prosecution had established a prima facie against the defendant.
He urged the tribunal to study closely exhibits 1 and 26
which are assets declarations made by the defendant after investigations have
started. He added that on the said exhibits, the defendant listed all the
alleged properties which he claimed he acquired in 1992 and 1999.
Jacobs further submitted that going by exhibits 1-5, it will
be discovered that the defendant did not declare the said properties. After
listening to all the parties, the chairman of the tribunal, Danladi Umar, said
the date of judgement will be communicated to the parties.
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