Like a Phoenix, Saraki’s CCT Acquittal Alters 2019 Calculation

Senate President: I harbour no grudge against anyone Ekweremadu, Fayose, Ahmed hail ruling, jubilation in Ilorin

With about a year left to the presidential primary, the race for the presidency in 2019 may have been altered, with the acquittal of Senate President Bukola Saraki by the Code of Conduct Tribunal (CCT) for false assets declaration.

After a two-year trial Saraki was discharged and acquitted by the tribunal yesterday of the 18 charges preferred against him by the federal government.

In dismissing the 18-count charge, tribunal upheld a no-case submission made by Saraki’s team of lawyers led by a former Attorney General of the Federation (AGF), Chief Kanu Agabi (SAN).

With his acquittal, this may clear the path for Saraki, who has always been seen as a strong contender for the presidential ticket of the All Progressives Congress (APC), in so far as President Muhammadu Buhari elects not to seek re-election in 2019.

Sources in the ruling APC who spoke on the development yesterday, said Saraki’s clearance had certainly changed the political calculations for 2019, but added that the move he decides to make will be predicated on the political landscape as the race heats up.

According to one source who spoke to THISDAY, “The CCT acquittal has without doubt made the race more interesting, but as you know Saraki may only consider gunning for presidential ticket of the party if President Buhari decides not to seek re-election and he (Saraki) sees a clear path to securing the ticket of the party.

“It is still early in the day, but we cannot rule anything out. This acquittal has now increased the pool of possible aspirants for the ticket of the party. But all this would depend on what pans out in the months ahead.”

However, reacting to his acquittal yesterday, an elated Saraki said he harboured no grudges against any person that might have played a role in his persecution at the CCT, which was largely believed to be political.

In a statement he personally signed, he expressed belief that his tribulation in the last two years had not been in vain, adding that it had given hope to the common man that justice would always prevail in the courts.

Saraki said his victory at the tribunal was a vindication of his position that he would clear his name and calls for celebration after a tortuous trial.

He, however, urged his supporters to refrain from unbridled triumphalism, as the challenges facing Nigeria were enormous and do not allow for wanton celebration.

Saraki called on his supporters to instead reflect on what his vindication means for democracy.

The statement read in full: “Today, June 14, 2017, the Code of Conduct Tribunal sitting in Abuja discharged and acquitted me on a case of false declaration of assets, which started in September 2015.

“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.

“I thank the Almighty Allah, the ultimate Judge and the repository of all powers. He alone has brought about this victory.

“I am immensely grateful to all my colleagues in the National Assembly for their abiding support. All through my trial, they demonstrated their strong conviction about the choice we all decided to make two years ago.

“I thank members of my family for their unflinching support. I thank all friends and supporters back home in Kwara State and across the length and breadth of our country for their prayers and their sacrifices.

“My gratitude also goes to all members of my legal team for their tireless efforts to ensure the cause of justice is served.

“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 judgment 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.

“I therefore urge all my supporters to refrain from any unbridled triumphalism. The challenges that our country face 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 arrayed against him, he can still get justice in our courts, then my tribulation has not been in vain.

“Once again, I thank my colleagues in the Eighth Senate for standing firm. Regardless of the distraction of my trial, we have achieved more as legislators than the previous Senates.

“Now that this distraction is over, we can even achieve so much more. We must now proceed from here with greater vigour to deliver on the expectations of Nigerians and show that this Eighth Senate can indeed play a central role in improving the quality of lives of our people.

“Lastly, I thank all the gentlemen of the press for your abiding interest in this case, which I believe contributed in no small measure in ensuring that truth and reason ultimately prevailed.”

Why Saraki was Cleared

Yesterday, the tribunal had discharged and acquitted the Senate President of the 18 charges preferred against him by the federal government.

In so doing, it upheld a no-case submission made by Saraki’s legal team led by a former AGF.

The trial, which several observers believed was political – to punish Saraki for emerging as the Senate President without the support of the All Progressives Congress – witnessed a lot of drama, including when the tribunal chairman, Danladi Umar, descended into the arena, the walkout by counsel during the trial, and three separate appeals, some of which are still pending, even now that the prosecution’s case has collapsed.

While the trial lasted, the prosecutor, Rotimi Jacobs (SAN), to the frustration of the tribunal, kept on shifting the goal post by serially amending the charges just to ensure that he nailed Saraki at all cost. The charges were amended four times.

But in dismissing the charges, the tribunal held that the evidence led in support of the charges was bereft of probate value and manifestly unreliable to hold the charges against the defendant.

In his ruling, the tribunal chairman, Danladi Umar held that the prosecution, at the close of the case, failed to establish a prima facie case against the Senate President.

According to him, the four witnesses called by the prosecution gave contradictory evidence.

Umar also held that the witnesses’ testimonies were manifestly unreliable to convict the defendant, or order him to enter his defence.

He specifically referred to the evidence of the third prosecution witness, Mr. Samuel Madojemu to the effect that an oral investigation was conducted on Saraki and that there was no written report against him by the Code of Conduct Bureau (CCB).

Umar said that such evidence had no probate value upon which the tribunal could hold the charges against the defendant.

According to him, Madojemu as Head of the Investigation and Intelligence Department of the bureau did not in any way help the prosecution with his evidence when he (Madojemu) claimed that all his averments in the affidavit in support of the charges against Saraki were based on information supplied to him by an undisclosed team of investigators.

The tribunal found such evidence to be hearsay and inadmissible.

Umar also picked holes in the report of the Economic and Financial Crimes Commission (EFCC) put at the disposal of the tribunal.

He held that the report was more of intelligence gathering and not a conventional investigation report.

He further noted that to worsen the prosecution’s case, the defendant was never invited to make statement to contradict or admit the allegations against him, in order to afford the bureau the opportunity of ascertaining the facts.

Umar said: “From the simple analysis of the evidence of the prosecution, we find it difficult to accept the seriousness of the witnesses.

“All the evidence was so discredited, unreliable that no reasonable court will attach probate value to them.

“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 second member of the panel, Mr. Williams Atedze Agwadza, who agreed with the chairman, said that he was persuaded by the ultimate conclusion of the chairman of the tribunal on the no case submission.

He said a careful perusal of the four witnesses and 48 exhibits tendered by the prosecution showed grave defects, as no prima facie case was established to sustain the charge.

He said: “The formulation of the 18-count charge was based on the affidavit evidence of Mr. Samuel Madojemu of the Code of Conduct Bureau.

“His testimony and affidavit evidence later became the afflicted and epidemic that befell the prosecution because they were based on mere hearsay.”

He said Sections 37, 38 and 126 of the Evidence Act were violated with manifestly inadmissible exhibits and testimonies.

He further said that the team referred to by Madojemu and which comprised of operatives of the EFCC, DSS, and CCB was unknown to law and that the team had neither constitutional nor statutory backing to do what they did, thereby making the charges against Saraki incurably defective and capable of causing a 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,” he added.

Besides, Agwadza said 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 of the state.

He said: “My humble conclusion is that the defendant in this case has no case to answer and is accordingly discharged and acquitted.”

The federal government in September 2015 filed the charges against Saraki bordering on false declaration of assets, operating foreign bank accounts and collecting salaries from the Kwara State government years after he left office as the chief executive of the state. Saraki had pleaded not guilty to the charges.

Kwara, Others Jubilant

Expectedly, residents of Ilorin, the Kwara State capital, jubilated yesterday once news filtered into the ancient town that the former governor of the state had been cleared by the tribunal.

Those who celebrated were mainly youths, women, and APC members and supporters who marched from the state secretariat of the party in GRA, Ilorin, to the Government House, Challenge, Post Office and to the emir’s palace, thanking God for Saraki’s acquittal.

They were adorned in multicoloured customised T-Shirt that had obviously been ordered to celebrate the moment, while drummers were on hand to add colour to the celebration.

Speaking with journalists in Ilorin, the state Chairman of APC, Alhaji Isola Balogun Fulani, expressed delight over the acquittal of the Senate President, saying the allegations were politically motivated.

“The entire APC members and all peace loving people of Kwara State are very happy. We knew that there were politically motivated charges, but God has vindicated us and it is a plus for democracy. This also allows us to have confidence in the judiciary of Nigeria.

“We are very happy. We thank everybody and well-meaning Nigerians who have supported us from the beginning when this thing (trial) started to the end of this case.

“We are very happy and that is why you see us rejoicing. We are going to the Emir of Ilorin to rejoice with him and thank him for supporting our leader, the Senate President.

“From there, we will move to the governor of Kwara State to thank him for his support from the outset to the end of the trial and to also pray for him that with him at the helm of affairs, Kwara State is progressing and we hope that by God’s grace, with the end of this case, Kwara State will continue to progress,” he said.

Also reacting, the Kwara State governor, Alhaji Abdulfatah Ahmed said the verdict in favour of the Senate President was a testimony and vindication of the incorruptibility of Saraki “which some of us who were privileged to work with him have always known him for”.

Ahmed also said Saraki has always been selfless in his service to the people of Kwara and Nigerians at large.

Ahmed, in a statement issued in Ilorin by his Chief Press Secretary, Alhaji Abdulwahab Oba, added: “The judgment 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.

“Having demonstrated sufficient competence and honesty, I call on Nigerians of all strata to put aside personal sentiments and interests to join hands with all arms of government to move the country to new heights.”

On his part, the Deputy President of the Senate, Senator Ike Ekweremadu described the discharge and acquittal of Saraki by the CCT as a victory for the rule of law.

Ekweremadu, who presided over plenary in the Senate yesterday, said this when he announced the news of the acquittal to other senators.

“We have absolute confidence in the judiciary to see that the rights of every Nigerian are not trampled upon,” he said.

He lauded Saraki for standing firm and tall in the face of political tribulation and for not allowing the trial to distract him from his duties as the Senate President.

Ekweremadu said the acquittal was not a victory for the Senate President alone, but for the Eighth Senate.

The Deputy Senate President also conveyed his appreciation to Nigerians who stood with the Senate through the trial, despite what he said were “apparently contrived and reckless efforts to destabilise and bring the Senate and its leadership to disrepute”.

In his reaction, Ekiti State governor, Ayodele Fayose also hailed the triumph of the Senate President at the CCT, describing it as another victory over tyranny.

He said: “I am happy that I predicted that the CCT will absolve the Senate President in my 2017 predictions and it has come to pass.”

Fayose, who drew the attention of Nigerians to number eight of his 22 predictions for year 2017, said: “I said it categorically that the Code of Conduct Tribunal will absolve Senate President Bukola Saraki and today, the prediction came to pass.”

The governor, in a statement by his media aide, Lere Olayinka said the judgment was another lesson for the Muhammadu Buhari-led federal government that criminal cases are not won on the pages of newspapers.

He congratulated Saraki and urged him to see the victory as a challenge to him and the entire members of the National Assembly to always stand up to defend the rule of law and the fundamental rights of Nigerians.