The Supreme Court has set July 6 to deliver judgment in the
appeal filed by the Senate President, Dr Bukola Saraki, challenging
the ruling of the Court of Appeal which asked the Code of Conduct
Tribunal (CCT) to try him on three of the 18 counts brought against
him by the Economic and Financial Crimes Commission (EFCC).
The apex court fixed the date on Thursday in Abuja after hearing
the appeal and cross-appeal filed by the Senate President and the
anti-graft agency over the allegations of false asset
declaration.
Senator Saraki is contending that there is no prima facia case
against him and as such, the apex court should uphold his no case
submission which was upheld by the CCT.
Counsel to the Senate President, Mr Kanu Agabi, told the court
that the law was not followed in filing the case against his
client.
He added that section 15 of the Code of Conduct Bureau (CCB) Act
stipulates that only an authorised person can verify whether a
person’s asset declaration was properly done or not.
Agabi maintained that in the instant case, all four witnesses
presented by the prosecution at the CCT did not meet the
requirements stipulated by law.
He, therefore, asked the court to uphold his appeal and dismiss
all the charges against him.
The prosecuting counsel, Mr Rotimi Jacobs, who filed a
cross-appeal, asked the court to quash the no case submission
upheld by the CCT and ask the tribunal to retry the Senate
President on all 18 counts preferred against him.
Jacobs argued that the section of the law relied on by the
Senate President was not mandatory and that based on a
whistleblower information or petition, the Attorney-General felt
there was a breach of the law and ordered the investigation which
led to the prosecution of the Senate President.
When asked if Saraki was invited based on the findings of the
investigation, the prosecutor answered in the affirmative, and when
asked who the Senate President made a statement to, he told the
court that it was the EFCC and not the CCB.
He, however, insisted that the Senate President had a case to
answer and as such, his cross-appeal seeking to quash the no-case
submission upheld by the CCT to should be allowed.
The CCT had on June 14, 2017, quashed an 18-count of false asset
declaration and money laundering against Saraki by the EFCC for
lacking in merit. The tribunal agreed with the Senate President
that he had no case to answer.
On January 14, 2018, the appellate court agreed in part with the
lower court but held that he had a case to answer in counts 4, 5,
and 6 which had to do with his purchase of properties in the Ikoyi
area of Lagos State.
The Supreme Court has set July 6 to deliver judgment in the
appeal filed by the Senate President, Dr Bukola Saraki, challenging
the ruling of the Court of Appeal which asked the Code of Conduct
Tribunal (CCT) to try him on three of the 18 counts brought against
him by the Economic and Financial Crimes Commission
(EFCC).
The apex court fixed the date on Thursday in Abuja after hearing
the appeal and cross-appeal filed by the Senate President and the
anti-graft agency over the allegations of false asset
declaration.
Senator Saraki is contending that there is no prima facia case
against him and as such, the apex court should uphold his no case
submission which was upheld by the CCT.
Counsel to the Senate President, Mr Kanu Agabi, told the court
that the law was not followed in filing the case against his
client.
He added that section 15 of the Code of Conduct Bureau (CCB) Act
stipulates that only an authorised person can verify whether a
person’s asset declaration was properly done or not.
Agabi maintained that in the instant case, all four witnesses
presented by the prosecution at the CCT did not meet the
requirements stipulated by law.
He, therefore, asked the court to uphold his appeal and dismiss
all the charges against him.
The prosecuting counsel, Mr Rotimi Jacobs, who filed a
cross-appeal, asked the court to quash the no case submission
upheld by the CCT and ask the tribunal to retry the Senate
President on all 18 counts preferred against him.
Jacobs argued that the section of the law relied on by the
Senate President was not mandatory and that based on a
whistleblower information or petition, the Attorney-General felt
there was a breach of the law and ordered the investigation which
led to the prosecution of the Senate President.
When asked if Saraki was invited based on the findings of the
investigation, the prosecutor answered in the affirmative, and when
asked who the Senate President made a statement to, he told the
court that it was the EFCC and not the CCB.
He, however, insisted that the Senate President had a case to
answer and as such, his cross-appeal seeking to quash the no-case
submission upheld by the CCT to should be allowed.
The CCT had on June 14, 2017, quashed an 18-count of false asset
declaration and money laundering against Saraki by the EFCC for
lacking in merit. The tribunal agreed with the Senate President
that he had no case to answer.
On January 14, 2018, the appellate court agreed in part with the
lower court but held that he had a case to answer in counts 4, 5,
and 6 which had to do with his purchase of properties in the Ikoyi
area of Lagos State.
Read more https://www.nairalaw.com/assets-declaration-supreme-court-fixes-date-to-rule-on-sarakis-cas/