The Supreme Court has discharged Senate President, Dr. Bukola Sarki of the remaining three charges against him in the case of false declaration of assets at the Code of Conduct Tribunal, CCT.
The court in a lead judgment delivered by Justice Centus Nweze today in Abuja, said the evidence of the prosecution was hearsay.
The Court of Appeal had on December 12, 2017 while ruling on an appeal filed by the Federal Government contesting CCT’s decision, restored three out of the dismissed 18 counts and ordered Saraki to return to the CCT to defend the three charges.
But the five-man panel of the Supreme Court led by Justice Dattijo Muhammad unanimously upheld Saraki’s appeal, by dismissing the remnant three counts.
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.
Justice Nweze quoted part of the Court of Appeal’s judgement 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 it was “equivalent to judicial equivalence of a forensic somersault”.
