The Court of Appeal in Abuja will currently (Tuesday) hear the appeal filed by the Federal Government to challenge the acquittal of the Senate President, Dr. Bukola Saraki, by the Code of Conduct Tribunal.
The Federal Government on June 22, 2017 filed an 11-ground notice of appeal against the June 14, 2017 judgment of the CCT acquitting Saraki of the 18 charges of false asset declaration and other related offenses preferred against him in September 2015.
Our correspondent learnt on Monday that the Abuja Division of the Court of Appeal had served the hearing notice for the Tuesday’s proceedings on the parties to the appeal on Friday.
It was learned that the Federal Government and the respondent had each filed their briefs.
"With that, the appeal is prepared for hearing," a supply said.
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The two-man panel of the CCT in its unanimous judgment upheld Saraki’s no-case submission and exonerated him of all the 18 amended charges.
The judgment of the CCT was anchored on the grounds that the prosecution, soon after calling four witnesses and tendering 48 documentary exhibits, was unable to establish any prima facie case against the Senate President.
Umar, in his lead ruling, exonerated Saraki of all the charges on, among other grounds, that failure of the prosecution to obtain Saraki’s statement and make it element of the proof of evidence was fatal to the case.
He described as "absurd" that neither Saraki’s statement nor the report of investigation stated to have been carried out was produced just before the tribunal
He agreed with the defense team led by Chief Kanu Agabi (SAN), that the prosecution’s evidence had been manifestly discredited for the duration of cross-examination by the defence.
He added that the evidence adduced by the prosecution led by Mr. Rotimi Jacobs (SAN), was "so unreliable that no affordable tribunal could convict" based on it.
The tribunal chairman specifically noted that the third prosecution witness, Mr. Samuel Madojemu, who is Head, Intelligence Unit of the CCB, only gave hearsay evidence on the details the witness purportedly received from the EFCC.
But the Office of the Lawyer Common of the Federation, via its private prosecutor, Mr. Rotimi Jacobs (SAN), on June 20, 2017, filed 11 grounds notice of appeal against the CCT’s judgment.