The court also took swipe at the prosecution on the allegation that Saraki operated foreign account while he was in office as a state governor but called no witness to establish the allegation in line with section 37 of the Evidence Act.
In the 15 count charges that were dismissed, the court held that they were substantially based on hearsay that does not drive value from merit adding that in a criminal trial, evidence base on hearsay is inadmissible in law.
“On this point the federal government failed in the allegation of operation of foreign account by the defendant as no foreign bank account was linked to the defendant while also no direct evidence was obtained from Kwara State government to establish the allegation of payment of salaries to Saraki after he had left”, the Judge said.
The appeal court further held that the 48 documents tendered by the federal government and admitted by the tribunal were not from the appropriate sources that were supposed to tender them before they could be admitted in line with provisions of the law.
Having established prima facie case against Saraki in respect of counts 4,5 and 6 which bothered on the properties at McDonald Street, Ikoyi – Lagos, the court said that the tribunal should conduct trial so as to arrive at a just conclusion on the 3 charges instead of dismissing them at a no case submission stage.
“In conclusion, we find no merit in 15 out of 18 count charges brought against the defendant by the complainant and we hereby uphold the decision of the tribunal delivered in June this year on the finding”. “On the remaining three, it is hereby ordered that counts 4,5 and 6 be remitted to the tribunal for retrial to enable the defendant offer explanations where necessary”.
The federal government had on September 11, 2015 filed 13 count charges on false assets declaration against Saraki and later amended the charge and increased the counts to 18. During the trial, 4 witnesses were called and 48 documents were tendered by government to establish the case of false assets declaration against Saraki.
However, at the close of the prosecution’s case, Saraki made a no case submission to the effect that he was not linked directly with any of the charges and that the charges were based on hearsay.
The tribunal headed by Mr. Danladi Yakubu Umar in his ruling on the no case submission delivered in June this year, upheld Saraki’s claim that the charges were based on hearsay and discharged and acquitted him from the trial.
The federal government felt dissatisfied with the decision of the tribunal and approached the court of appeal with a prayer that the decision of the tribunal be set aside on the ground that there was a miscarriage of justice.
Meanwhile, the Senate President has indicated his readiness to approach the Supreme Court to challenge the validity of the three count upheld by the court of appeal against him.
His counsel, Mr. Paul Usoro SAN said that the judgment would be studied and that the apex court will be invited to adjudicate on the three charges with a view to get them nullified.
Counsel to the federal government Mr. Rotimi Jacobs SAN also said that the legal team of government will study the judgment and decide the next line of action.
By PRNigeria