EFFORTS by the Senate President Bukola Saraki to stop the re-examination of the third prosecution witness in the 13-count charge preferred against him by the Federal Government at the Code of Conduct Tribunal (CCT) was on Wednesday frustrated when the chairman of the Tribunal, Yakubu Danladi Umar over ruled the objection by his counsel, Paul Erokoro (SAN).
The Federal Government is prosecuting Saraki over allegations bordering on false and improper declaration of assets allegedly acquired during his tenure as Governor of Kwara State from 2003-2011.
In his re-examination yesterday when the matter came up, counsel to the Federal Government, Rotimi Jacobs (SAN), asked the prosecution witness, Mr Samuel Madojemu, to clarify his evidence during cross examination that contradicts what was said in his evidence in chief and during cross examination.
Rotimi specifically asked the witness, who is the head of Intelligence and Investigation Unit of the CCB to explain what he meant by saying that the column in the form prepared by the Code of Conduct Bureau for assets declaration does not include mortgage, debit card, credit card, cash lodgement.
Upon asking the question, Paul Erokoro (SAN), who led the defence team for the Senate President objected to the line of questioning, adding that, “The witness cannot be asked to explain, to add to, to contradict or to vary the content of CCB 1 (the assets declaration form).
He said the CCB 1 prepared by the Bureau amounts to official proceedings being reduced to a form of evidence as contained in Section 128 (1) of the Evidence Ac and added that the wording in the asset declaration form of the defendant, which was tendered as exhibit is clear and unambiguous.
Erokoro then asked the Tribunal to stop the prosecution from the line of re-examination.
In his submissions, Jacobs urged the Tribunal to ignore the objection, adding that the question he asked the witness has to do with the evidence he gave in his evidence in chief and cross examination.
He said the question is not intended to vary or amend the content of any document and that Section 128 of the Evidence Act is not an inhibition to the prosecution as the prosecution is entitled to ask question to clear any contradiction to the evidence given during cross examination.
Rotimi said there are even exceptions to Section 128, which he noted allows oral evidence where issues of crime, fraud, illegality and intimidation are involved.
Chairman of the Tribunal, in his ruling overruled the objection of the defence counsel and asked the prosecution to continue with his question to the witness, which he noted do not fall within the purview of Section 128 of the Evidence Act.
When the same question was put forward to the witness, he said every declarant is required by law to declare his assets/liability, and that of his wife, who is not a public officer and that of his children below the age of 18 years, honestly within 90 days of the receipt of the asset declaration form.
The witness told the Tribunal that Saraki filled the same CCB asset declaration form other public officers filled.
The Tribunal adjourned till April 18, 2017 for continuation of trial.
Recalled that the witness had, at the last adjourned date told the Tribunal that the assets of Saraki were recorded in the Assets Forms he submitted to CCB at various times.
Under cross examination, Madojemu read out the list of assets declared by Saraki and those of his wife and children when he held office as Kwara State Governor and upon his assumption of office as a senator.
The witness said the investigation which led to the arraignment of Saraki in 2015 before the tribunal was actually carried out by the EFCC and that his own role and those of CCB were limited to the review of the EFCC.
Madojemu also told the tribunal that there was no provision in the CCB Asset Declaration Form for any declarant to declare properties owned by the declarant’s companies and that also there was no provision for cash lodgment in the asset forms.
On his earlier evidence that Saraki did not declare his property in London in respect of any mortgage, the witness said, “I did not consult with Fortis Bank of London to know whether the six bedroom bungalow at South West London was redeemed with the bank loan.
He however admitted that the six bedroom bungalow was declared by the defendant in 2011 and that he, Saraki also claimed in his asset form that he acquired a property with bank loan.
The Federal Government had slammed a 13-count charge, bordering on false and improper declaration of assets allegedly acquired when the Senate President held sway as Governor of Kwara State from 2003-2011.
The Senate President pleaded not guilty to the entire charges preferred against him by the Federal Government.
and then