The Code of Conduct Tribunal (CCT) sitting in Abuja on Wednesday discharged and acquitted the Senate President, Dr Bukola Saraki of allegations of false assets declaration brought against him by the Federal Government.
Saraki was discharged by the Justice Umar Danladi -led tribunal on the ground that the prosecution failed to prove all the 18-count charge bordering on false assets declaration filed against him.
While ruling that the evidence presented against the Senate president was insufficient and washy, Umar said the four witnesses called by the prosecution to testify in the matter gave contradictory evidence that were manifestly unreliable to convict the defendant or order him to enter his defense.
The CCT Chairman specifically noted that the evidence of the third prosecution witness, Mr. Samuel Madojemu that oral investigation was conducted on Saraki and that there was no written report on Saraki by the Code of Conduct Bureau (CCB).
He noted that such an evidence has no probate value upon which the tribunal can hold the charges against the defendant.
Also, the CCT Chairman said the testimony of Madojemu who is the Head of Investigation and Intelligent Department of the CCB did not in any way help the prosecution as all his averments in the affidavit in support of the charges against Saraki were based on information supplied to him by an undisclosed team of investigators who are not from CCB.
Umar further said that the report of the Economic and Financial Crimes Commission (EFCC) put at the disposal of the tribunal was more of intelligence gathering rather than conventional investigation.
He said that to worsen the case, the defendant was never invited or be made to make statement so that truth can be unearthed if there are allegations against him.
The chairman of the tribunal said, “From the simple analysis of the evidence of the prosecution, we find it difficult to accept the seriousness of the witnesses. All the evidences were so discredited, unreliable that no reasonable court will attach probate value to them.
“Since the essential ingredients of all the charges were not proved as required by law, this tribunal has no option to discharge and acquit the defendant in view of the manifestly unreliable evidence of the prosecution witnesses.
Danladi further noted that the defence was able to discredit all the evidences adduced by the prosecution during cross examination of witnesses.
The tribunal therefore upheld the no-case-submission of Saraki, stressing that the evidence led by the prosecution was discredited under cross examination and therefore unreliable.
According to Mr Umar, no reasonable tribunal would convict a defendant on the evidence led by the prosecution through its four witnesses.
In his supporting ruling, the second member of the panel Mr. Williams Atedze Agwadza said that he was persuaded by the ultimate conclusion of the chairman of the tribunal on the no case submission.
He said a careful perusal of the four witnesses and 48 exhibits tendered by the prosecution showed grave defectiveness as no prima facie case was established to sustain the charge.
“The formulation of the 18 count charge was based on the affidavit evidence of Mr. Samuel Madojemu of the Code of Conduct Bureau (CCB). His testimony and affidavit evidence later became affliction and epidemic that befell the prosecution because they were based on mere hearsays.
He said sections 37, 38 and 126 of the Evidence Act were violated with manifestly inadmissible exhibits and testimony.
He further said that the team referred to by Madojemu and which comprised of the operatives of the EFCC, DSS, and CCB is unknown to law as the team has no constitutional or statutory backing to do what they did thereby making the charge against Saraki incurably defective and capable of causing miscarriage of justice against the defendant.
“Evidence to establish offence must be such that has probate value. Another fatal error on the part of the complainant was the failure to obtain statement of the defendant.
Agwadza also noted that the prosecution also failed by its inability to call vital witnesses including the Accountant General of Kwara state to establish the alleged collection of salary by Saraki long after he left office as governor of Kwara State.
The Federal Government on had on Thursday, Feb. 23 re-arraigned Saraki, on an 13-count amended charge over false asset declaration and money laundering.
The prosecution team, led by Mr Rotimi Jacobs, filed the amended charge 18 count charge against the Senate President on Feb. 8 after trial had begun.
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