The Code of Conduct Tribunal has discharged and acquitted the Senate President, Dr. Bulola Saraki, of all the 18 charges of false asset declaration and other related offences brought against him by the Code of Conduct Bureau.
The CCT, in its ruling, on Wednesday, in Abuja, upheld the no-case submission filed by the defence team.
The chairman of tribunal, Danladi Umar, described as “absurd” that neither Saraki’s statement nor the report of investigation said to have been carried out was produced before the tribunal.
He agreed with the defence team led by Chief Kanu Agabi (SAN), that the prosecution’s evidence had been manifestly discredited during cross-examination by the defence.
He also noted that the evidence adduced by the prosecution, led by Mr. Rotimi Jacobs (SAN), was “so unreliable that no reasonable tribunal could convict” based on it.
In their reactions to the ruling, Agabi, thanked the tribunal for the ruling, while the prosecution, represented by Mr. Pius Akutah, said the team would “review the ruling in order to determine the next step”.
While giving further reasons for the ruling of the tribunal, co-member of the tribunal, Atedze Agwaza, said the Senate President was investigated by an illegal team comprising officials of the Code of Conduct Bureau, the Economic and Financial Crimes Commission and the Department of State Service.
He noted that such investigative team was strange to both the Constitution and the CCB/CCT Act under which Saraki was charged.
He also faulted the entire evidence of the prosecution on the basis that the evidence of the third prosecution witness, Mr. Samuel Madojemu, the Head, Intelligence Unit of the CCB, was nothing but hearsay.
Agwaza noted: “The formulation of the 18 counts against the defendant is predicated on the affidavit of PW3, Mr. Samuel Madojemu, who is the Chief Investigator at the Code of Conduct Bureau. The affidavit was filed as part of proof of evidence in support of the prosecution’s case.
“Affidavit-evidence is evidence nonetheless. By his testimony, PW3 said, and I quote, ‘details of the outcome of the investigation as highlighted in the affidavit by me were part of information given to me members of the team’.
“I find and hold that this apposite testimony is an affliction and epidemic that bedevilled the entire prosecution’s case and that particular evidence has rendered the who evidence of the prosecution invalid.
“It connotes that PW3 had no first-hand knowledge of all he said and the documents tendered. This is hearsay evidence and violates sections 37, 38 and 126 of the Evidence Act 2011.
“The affidavit evidence of PW3 is manifestly inadmissible in law and, so I hold.”
The charges instituted against Saraki before the CCT related to the alleged breaches of the code of conduct for public officers, acts which were said to be punishable under the Constitution and the CCB/CCT Act.
He allegedly committed the breaches by making false declaration of his assets while being governor of Kwara State between 2003 and 2007 for his first term and between 2007 and 2011 for his second term as governor and from 2011 to 2015 as senator.
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