A five-man
panel of the apex court led by Justice Dattijo Muhammad unanimously upheld
Saraki’s appeal, by dismissing the remnant three counts, declaring the evidence
led by the prosecution as hearsay.
The Danladi
Umar-led CCT had, in June last year, terminated the trial upon an application
by Saraki, by dismissing the entire 18 counts preferred against the Senate
President.
The CCT’s
decision was based on the grounds that the prosecution, with its four witnesses
and 49 exhibits tendered, only led hearsay evidence which could not be the
basis to link Saraki to the 18 counts preferred against him.
However, the
Court of Appeal in Abuja ruling on December 12, 2017, in an appeal filed by the
Federal Government against the decision of the CCT, restored three out of the
dismissed 18 counts and ordered Saraki to return to the CCT to defend the three
charges.
While Saraki
had appealed to the Supreme Court against the part of the Court of Appeal’s
decision restoring three of the 18 counts, the Federal Government had
cross-appealed against the part of the decision affirming the tribunal’s
dismissal of the rest of the 15 counts.
However, in
its lead judgment on Friday, Justice Centus Nweze upheld Saraki’s appeal and
dismissed the Federal Government’s appeal.
Justice
Nweze agreed with the CCT that the evidence led by the prosecution at the
tribunal was entirely hearsay.
He held that
the Court of Appeal was wrong to have restored three out the 18 counts earlier
dismissed by the CCT when it agreed that the evidence led by the prosecution
was hearsay but went ahead to isolate three of the counts as having been
proved.
Justice
Nweze quoted a part of the Court of Appeal’s judgment where it held that “the
prosecution failed to call those who have direct knowledge of the facts sought
to be proved, to testify”.
Faulting the
Court of Appeal’s turn around to restore three of the counts based on the
evidence it had declared as hearsay, Justice Nweze said was “equivalent to
judicial equivalent of a forensic somersault”.
The Supreme
Court on Friday finally laid to rest the trial of a Senate President, Dr.
Bukola Saraki, on assets declaration and sundry charges instituted against him
before the Code of Conduct Tribunal.
A five-man
panel of the apex court led by Justice Dattijo Muhammad unanimously upheld
Saraki’s appeal, by dismissing the remnant three counts, declaring the evidence
led by the prosecution as hearsay.
The Danladi
Umar-led CCT had, in June last year, terminated the trial upon an application
by Saraki, by dismissing the entire 18 counts preferred against the Senate
President.
The CCT’s
decision was based on the grounds that the prosecution, with its four witnesses
and 49 exhibits tendered, only led hearsay evidence which could not be the
basis to link Saraki to the 18 counts preferred against him.
However, the
Court of Appeal in Abuja ruling on December 12, 2017, in an appeal filed by the
Federal Government against the decision of the CCT, restored three out of the
dismissed 18 counts and ordered Saraki to return to the CCT to defend the three
charges.
While Saraki
had appealed to the Supreme Court against the part of the Court of Appeal’s
decision restoring three of the 18 counts, the Federal Government had
cross-appealed against the part of the decision affirming the tribunal’s
dismissal of the rest of the 15 counts.
However, in
its lead judgment on Friday, Justice Centus Nweze upheld Saraki’s appeal and
dismissed the Federal Government’s appeal.
Justice
Nweze agreed with the CCT that the evidence led by the prosecution at the
tribunal was entirely hearsay.
He held that
the Court of Appeal was wrong to have restored three out the 18 counts earlier
dismissed by the CCT when it agreed that the evidence led by the prosecution
was hearsay but went ahead to isolate three of the counts as having been
proved.
Justice
Nweze quoted a part of the Court of Appeal’s judgment where it held that “the
prosecution failed to call those who have direct knowledge of the facts sought
to be proved, to testify”.
Faulting the
Court of Appeal’s turn around to restore three of the counts based on the
evidence it had declared as hearsay, Justice Nweze said was “equivalent to
judicial equivalent of a forensic somersault”.
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