Th e acquittal of the Senate President, Bukola Saraki, at the Code of Conduct Tribunal, last week, will have negative implication for Nigeria’s fi ght against corruption as well as jurisprudence on false asset declaration, the presidency told PREMIUM TIMES yesterday. Th erefore, the federal government will appeal the ruling, according to the presidential adviser on prosecution, Okoi Obono-Obla, who spoke with our correspondent.
“Federal government will defi nitely appeal because we will not want that to be Nigeria’s jurisprudence on assets declaration, and so that a bad precedent will not be set,” said Mr. Obono-Obla. “If we allow that judgement to stand, it is bye bye to the war against corruption.”
Th e CCT had last week Wednesday cleared Saraki of false asset declaration, charges brought against him by the federal government. Th e tribunal chairman, Danladi Umar, ruled that the prosecution failed to establish a prima facie case against Mr. Saraki, thereby upholding a no-case submission made by the defendant’s counsel, Kanu Agabi. Th at ruling was “outrageous”, Obono-Obla said, arguing that it was not based on the weight of evidence adduced by the prosecution. He added that the “no-case submission” upheld by the tribunal was “anachronistic”. “Overwhelming evidence was adduced by the prosecution. We saw the best of advocacy from one of the best advocates in the country, Rotimi Jacobs, SAN. Contrary to that, no case submission, which I considered anachronistic, was upheld.
“Th e tribunal should have overruled the no-case submission and called the defendant to defend himself. Standard of proof cannot be the same as ordinary criminal prosecution. You falsely declared your assets, then the onus shifts to the defendant to prove he didn’t make false declaration,” said Mr. Obono-Obla. “We are studying the judgement; we should get the certifi ed true copy by Monday or Tuesday. Th en, we will fi le notice of appeal on Wednesday,” he said. Last week, the Chairman of the Presidential Advisory Committee on Anti-Corruption, Itse Sagay, had expressed shock at the acquittal of Saraki in an interview he granted PREMIUM TIMES
