Saraki’s CCT acquittal: Fed Govt completes record transmission

The office of the Attorney General of the Federation (AGF)
yesterday completed the transmission of record of proceedings at
the Code of Conduct Tribunal (CCT) to the Court of Appeal in Abuja
in relation to the appeal it filed against the acquittal of Senate
President Bukola Saraki by the CCT.

The record, and briefs of argument to be filed by parties, form
what the Court of Appeal will consider and review in deciding the
appeal filed by the AGF (on behalf of the Federal Government)
against the CCT judgment of June 14.

It was learnt yesterday that the transmission of the record
started on Wednesday, but was completed yesterday, following which
the Appeal Court entered the appeal on its list and allocated a
number to it. The number is: CA/A/460/2017.

With the appeal now entered and number allocated, the appellant,
by the Rules of the Court of Appeal, is to proceed to file its
brief, serve on the respondent, who in turn, will file its response
and serve the appellant (the process of briefs exchange), following
which the court will fix a date for hearing of the appeal.

In a notice of appeal it filed on June 20, 2017 the appellant
stated that the judgment “effectively” overruled previous decisions
of the Court of Appeal delivered with respect to Saraki’s trial and
other criminal cases.

“The judgment of the lower tribunal is unwarranted, unreasonable
and against the weight of evidence,” the notice of appeal read in
part.

The notice of appeal was signed by the lead prosecuting counsel,
Rotimi Jacobs (SAN), and an Assistant Chief State Counsel in the
Federal Ministry of Justice, Pius Akutah.

The appellant described the judgment as “unconstitutional and
without jurisdiction.”

It stated that the CCT erred in law by upholding Saraki’s
no-case submission “when the onus of proof” was on the Senate
President to show “that there was no infraction in the Code of
Conduct Forms.

The appellant argued that: “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 appellant is praying the appellate court for “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 office of the Attorney General of the Federation (AGF)
yesterday completed the transmission of record of proceedings at
the Code of Conduct Tribunal (CCT) to the Court of Appeal in Abuja
in relation to the appeal it filed against the acquittal of Senate
President Bukola Saraki by the CCT.

The record, and briefs of argument to be filed by parties, form
what the Court of Appeal will consider and review in deciding the
appeal filed by the AGF (on behalf of the Federal Government)
against the CCT judgment of June 14.

It was learnt yesterday that the transmission of the record
started on Wednesday, but was completed yesterday, following which
the Appeal Court entered the appeal on its list and allocated a
number to it. The number is: CA/A/460/2017.

With the appeal now entered and number allocated, the appellant,
by the Rules of the Court of Appeal, is to proceed to file its
brief, serve on the respondent, who in turn, will file its response
and serve the appellant (the process of briefs exchange), following
which the court will fix a date for hearing of the appeal.

In a notice of appeal it filed on June 20, 2017 the appellant
stated that the judgment “effectively” overruled previous decisions
of the Court of Appeal delivered with respect to Saraki’s trial and
other criminal cases.

“The judgment of the lower tribunal is unwarranted, unreasonable
and against the weight of evidence,” the notice of appeal read in
part.

The notice of appeal was signed by the lead prosecuting counsel,
Rotimi Jacobs (SAN), and an Assistant Chief State Counsel in the
Federal Ministry of Justice, Pius Akutah.

The appellant described the judgment as “unconstitutional and
without jurisdiction.”

It stated that the CCT erred in law by upholding Saraki’s
no-case submission “when the onus of proof” was on the Senate
President to show “that there was no infraction in the Code of
Conduct Forms.

The appellant argued that: “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 appellant is praying the appellate court for “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.”