I bear no grudge – Senate President
Political vendetta taken too far – Ekweremadu
Jubilation in Ilorin We ‘ll study ruling – Prosecution
By Vivian Okejeme, Ezrel Tabiowo, Taiye Odewale, Abuja and Umar Bayo Abdulwahab, Ilorin
After a tortuous legal battle spanning close to two years, Senate President Bukola Saraki walked out a free man as the Code of Conduct Tribunal, sitting in Abuja, discharged and acquitted him of the 18-count charge bordering on false assets declaration, brought against him by the federal government.
The federal government, through the Economic and Financial Crimes Commission, had in September 2015, slammed on Saraki, charges of false declaration of assets, operating foreign accounts and collecting salaries from Kwara state government years after he left office as governor.
Delivering his ruling in a no case submission brought by Saraki’s counsel, Kanu Agabi, SAN, Chairman of the tribunal, Mr. Danladi Yakubu Umar, said the prosecution, at the close of the case, failed to establish a prima facie case against the defendant.
The tribunal held that the evidence brought against the Senate President by the federal government lacked probate value and unreliable to hold the charges against the defendant.
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 defence.
He referred to the evidence of the third prosecution witness, Mr. Samuel Madojemu, who said that oral investigation was conducted on Saraki and that there was no written report on the former governor by the Code of Conduct Bureau (CCB).
The CCT chair, therefore, ruled that such evidence has no probate value upon which the tribunal can hold the charges against the defendant.
According to him, as CCB’s Head of Investigation and Intelligent Department, Madojemu did not in any way help the prosecution in his evidence, when he claimed that all his submissions in the affidavit in support of the charges against Saraki, were based on information supplied to him by an undisclosed team of investigators.
Going further, Umar held that the EFCC report made available to the tribunal, was more of intelligence gathering than conventional investigation, and therefore ruled that the defendant was never invited or made to make statement so that truth could be unearthed if there were allegations against him.
“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.”
Umar also described the evidence of the first prosecution witness, Mr. Michael Wetkas, an operative of the EFCC, as unreliable.
On evidence from the second prosecution witness, Mr. Amazi Nwachuckwu, Head of Funds Transfer Unit of the Guaranty Trust Bank, Umar noted that the witness had testified that documents relating to alleged foreign transfers by Saraki, had been consumed in a fire incident, so there was nothing to prove the charges that were based on the documents.
The tribunal chairman also noted that none of the four witnesses, including Mr. Bayo Dauda, an official of GTB Plc, Ilorin branch in Kwara state, who testified as the fourth witness, gave evidence that could prove any of the ingredients of the alleged offences.
“Since the essential ingredients of all the charges were not proved as required by law, this tribunal has no option but to discharge and acquit the defendant in view of the manifestly unreliable evidence of the prosecution witnesses,” the tribunal ruled.
Also in a similar ruling, the sole panel member, Mr. Williams Atedze Agwadza, said he was persuaded by the conclusion of the chairman of the tribunal on the no case submission.
According to him, 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,” Agwadza concurred.
He submitted that sections 37, 38 and 126 of the Evidence Act were violated with manifestly inadmissible exhibits and testimony.
According to him, “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.”
Besides, Agwadza posited that 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..
“My humble conclusion is that the defendant in this case has no case to answer and is accordingly discharged and acquitted,” he ruled.
Triumph of democracy -Saraki
In his reaction, Senate President Saraki described his acquittal as a clear vindication of his position on the matter.
In a statement, the Senate President said the outcome of his trial was a clear depiction of the triumph of democracy and justice over political persecution.
“You would recall that at the beginning of the trial, I maintained that I will clear my name. The conclusion of this trial has vindicated my position. With the outcome of this case, our faith is renewed in our courts and our hope is restored that the judiciary in our country could indeed provide sanctuary for all those who seek justice.
“After undergoing the crucible of a tortuous trial, my vindication today calls for celebration. It is my belief, however, that if there should be any celebration at all, it should be a celebration of the hopes that this judgement gives us as citizens that despite all the challenges that we face as a country, we are well on our way to building a country where the innocent needs not be afraid,” he said.
According to Saraki, “the challenges that our country faces today are enormous and do not allow for wanton celebration. Instead, we should all reflect on the significance of this moment and what it meant for our democracy.
“On a personal note, I harbour no grudge against anyone, regardless of the role they might have played in the persecution that I had endured in the last two years.
“I believe that if my trial had in anyway given hope to the common man that no matter the forces arraigned against him, he can still get justice in our courts, then my tribulation had not been in vain.”
It’s sweet victory – Ekweremadu
Also lauding the ruling, Deputy Senate President Ike Ekweremadu, described it as “victory for democracy.”
In a statement by his Special Adviser on Media, Uche Anichukwu, the DSP said, it did not come to him as a surprise giving that, “like the trumped-up forgery and conspiracy charges” slammed against himself and the Senate President, but which was later withdrawn by the Federal Government, “the CCT trial was hatched in the coven of evil politics and was, therefore, bound to fall like a pack of cards.”
“This is another sweet victory for the 8th Senate in particular, separation of powers, rule of law, and the nation’s democracy. The trial, just like the arraignment of the presiding officers of the Senate on trumped up charges of forgery of Senate Standing Rules, was political vendetta and manipulations taken too far.
“It was never built on any iota of truth, but on the quicksand of falsehood and was, therefore, condemned to sink under the weight of law and justice.”
While congratulating the Senate President for “standing firm and tall in the face of political tribulation” and commending the fellow senators for their unflinching support and solidarity to the Senate leadership while the trial lasted, Ekweremadu, however, said the Senate would, nonetheless, never let down its guards.
He also thanked Nigerians who have continued to stand with the Upper Chamber every step of the way “despite apparently contrived and reckless efforts to destabilise and bring the Senate and its leadership to disrepute.”
We‘ll study ruling – Prosecution
In a short interview, prosecution counsel, Pius Akitta, who told journalists that it was not a judgement but ruling, said his team was making arrangement to get a copy of the ruling, saying that would determine their next line of action.
“It is not a judgement but a ruling, and we have started making arrangement to get a copy of the ruling, study it and then we will know what to do,” he said.
Ilorin erupts in celebration
In Ilorin, Saraki’s hometown, it was a moment of ecstasy and jubilation, as the state Governor,
Abdulfatah Ahmed, described the CCT verdict as ‘‘a testimony and a vindication of the incorruptibility’’ of the Senate President. .
The governor, in a statement issued by his Chief Press Secretary, Alhaji Abdulwahab Oba reads: “The no case verdict is a testimony and a vindication of the incorruptibility of Dr Abubakar Bukola Saraki, which some of us who are privileged to work with him, have always known him for. He has always been selfless in his services to the good people of Kwara state and Nigeria at large.
‘‘The judgement has also shown that his colleagues in the Upper Chamber of the National Assembly made the right choice by returning him unopposed as the Senate President.”
Also, the ‘I Stand By Saraki’ group, led by a former Woman Leader of the All Progressives Congress (APC) in the state, Alhaja Sarah Adebayo, coordinated a mammoth rally celebrating the victory in Ilorin.
Amidst drumming, singing and dancing, Saraki’s supporters, including members and executives of the APC, members of the state executive council, women and youth groups marched from the party’s secretariat at GRA to the palace of the Emir of Ilorin in the heart of the town.
The joyous Saraki supporters wore multicoloured customised T-shirts to celebrate Saraki’s victory at the tribunal.
Addressing the mammoth crowd, APC state Chairman, Ishola Balogun Fulani, expressed delight at the development, saying allegations against Saraki, fondly referred to as leader by his supporters, were politically motivated.
“The entire APC members and all peace loving people of Kwara state are very happy. We knew that this is a politically motivated charge, but God has vindicated us, and it is a plus to democracy. This also allows us to have confidence in the judiciary of Nigeria.”
Also speaking, Alhaja Adebayo described the judgement as a welcome development.
“We appreciate President Muhammadu Buhari for doing justice to the whole issue. The judgement is a welcome development to Kwarans as a whole. We appreciate everyone that stood by us when the case lasted.”
In a similar reaction, The ABS Mandate Constituency office of Saraki, in a statement by Hon. Kayode Omotose on behalf of the Director General, ABS, Hon. AbdulWahab Issa, paid glowing tribute to Governor Ahmed, Speaker, House of Assembly, Ali Ahmad and others for their support while the trial lasted.
