Saraki is currently standing trial on a 13-count charge bordering on false assets declaration.
Counsel to the Federal Government, Rotimi Jacobs, at the commencement of proceeding for the day after the tribunal Chairman, Danladi Umar had dismissed the application for self-disqualification, urging the tribunal to accept the amended charges filed on April 27 so that, “the record can be set straight to what the defendant is facing.”
Saraki’s counsel, Paul Usoro, however, contended with the appeal, citing Section 216/1 of the Administration of Criminal Justice Act, ACJA. He said the tribunal judge should direct the prosecution to present before the tribunal the fact that necessitated the amendment of the earlier charges.
But Rotimi in his response, argued that the prosecution in pursuant to section 163 of the constitution, has the right to file an amended charge at anytime.
The Chairman of the tribunal, in a short ruling said, “after carefully analysing section 216(1) of the constitution, the prosecution has the right to file amended charges at anytime.
“The application of the prosecution is hereby accepted while that of the defendant contesting the application is refused,” Umar said.
The two charges read, “That you on or about September 16, 2013 within the jurisdiction of this honorable tribunal did make a false declaration in the asset declaration form for public officers which you filled and submitted to the Code of Conduct Bureau upon assumption of office as the governor of kwara state in the year 2003 by your failure to declare your leasehold interest in number 42, Remi Fani-kayode street Ikeja, Lagos which you acquired through your company, Skyview Properties Limited from first finance trust limited on December 12, 1996 and you thereby committed an offence contrary to section 15(1)(2) of the Code of Conduct Bureau and Tribunal Act. CAP. C15, laws of the federation of Nigeria, 2004 and as incorporated under paragraph 11(1)(2),I fifth schedule to the constitution of the federal republic of Nigeria, 1999 (as amended) and punishable under section 23(2) of the Code of Conduct Bureau and Tribunal Act as incorporated under paragraph 18, Part I of the fifth schedule to the constitution of the federal republic of Nigeria, 1999 (as amended).
“That you between June 2011 and October 2013, within the jurisdiction of this honorable tribunal, did receive monthly salaries or emoluments as governor of kwara state and at the same time, from the federal government as a senator of the federal republic of Nigeria and you thereby committed an offence contrary to section 6(a) of the Code of Conduct Bureau and Tribunal Act. CAP. C15, laws of the federation of Nigeria, 2004 and as incorporated under paragraph 2(a), Part I of the, fifth schedule to the constitution of the Federal Republic of Nigeria, 1999 (as amended) and punishable under section 23(2) of the Code of Conduct Bureau and tribunal act as incorporated under paragraph 18, Part I of the fifth schedule to the constitution of the federal republic of Nigeria, 1999 (as amended).”
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