Respite finally came the way of the President of the Senate, Dr.
Abubakar Bukola Saraki, on Friday when the Supreme Court dismissed the 18-count criminal charges on false assets declaration brought against him by the federal government.
The apex court in its judgement, delivered by Justice Centus Chima Nweze, set aside the decision of the Court of Appeal which ordered Saraki to defend himself on three out of the 18 charges and affirmed the decision of the Code of Conduct Tribunal (CCT) which had earlier upheld the no-case submission of Saraki’s counsel, Chief Kanu Agabi.
The CCT had, in its judgement, discharged Saraki of all 18 count charges on grounds that the prosecution failed to prove its allegations beyond reasonable doubt.
The apex court held that the prosecution failed to call material witnesses as required by law to support its case against the Senate President, saying that “all those who have knowledge of facts on the allegations against Saraki were not called to testified in the matter.” Justice Nweze held that there was no basis for the Court of Appeal to have asked Saraki to defend himself on the 3 count charges having found the entire evidence of the prosecution as a product of hearsay, adding that the action of the Court of Appeal amounted to forensic summersault and capable of making ill of jurisprudence.
“This court will not lend its jurisdiction to such a charade and caricature of justice.
It carries grave error in holding that a prima facie case has been established against the appellant.
“The prosecution is duty bound by law to call all key witnesses to be able to establish prima facie case against anybody,” it held.
In all, the five-man panel of justices of the apex court, in the unanimous judgement, agreed that the failure of the federal government to call “vital witnesses in the trial of Saraki was fatal and rendered the trial nugatory.” Consequently, the court dismissed the entire 18-count charges brought against Saraki, discharged and acquitted him accordingly