The federal government has appealed against the
judgement of the Code of Conduct Tribunal (CCT)
which acquitted Bukola Saraki, senate president, of
false assets declaration charge.

On June 14, the CCT upheld the no-case submission
which Saraki filed after the prosecution closed its case.
In an 11 grounds notice of appeal filed on Tuesday
and signed by Rotimi Jacobs, prosecuting counsel, the
government said the judgement was
“unconstitutional”.

The government said it was wrong for the CCT to
uphold the no-case submission because the burden of
proof lied with Saraki to show that he did not have an
infraction with his form.

The appellant said the onus of proof was “wrongly
placed” on it by the CCT which contravened the
constitution.

The prosecution said the CCT failed to analyse and
evaluate the evidence of prosecution witnesses before
reaching the conclusion that Saraki had no case to
answer.

The appellant said the “tribunal completely closed its
eyes to the fact that the prosecution produced the
original of the assets declaration forms before the
Tribunal and requested the Tribunal and the defendant
to compare the original with the certified true copies
without any objection from the defendant”.

“By the provisions of paragraphs 11 (2), (3) and (13)
of Part 1, 5th schedule to the constitution of the
federal republic of Nigeria, 1999 (as amended), once
the code of conduct form filled by the public officer is
investigated and found to be false or that some assets
are beyond the legitimate income of the public officer
or that the assets were acquired by means of corrupt
practices, the public officer concerned is deemed to
have breached the code of conduct and it is for him to
show to the tribunal that there is no infraction in the
form,” the notice of appeal read.

“The honourable tribunal wrongly placed the onus of
proof on the prosecution contrary to paragraphs 11
(2), (3) and (13) of Part 1, 5th Schedule to the
Constitution of the Federal Republic of Nigeria, 1999
(as amended).

“The constitution of the federal republic of Nigeria,
1999 (as amended) clearly excluded the presumption
of innocence on the allegation of infraction of the code
of conduct by public officers and the tribunal wrongly
applied the presumption of innocence contrary to the
constitutional requirement. The tribunal’s decision is
unconstitutional and without jurisdiction.”

In the appeal, government is praying for an order to set
aside the judgement of CCT and “an order calling upon
the respondent (Saraki) to enter his defence”.

TheCable