THE Code of Conduct Tribunal (CCT) sitting in Abuja will today continue the trial of Senate President Bukola Saraki on the 13-count charge preferred against him by the Federal Government.
The trial was adjourned last week at the instance of the lead prosecution counsel, Rotimi Jacobs (SAN), who told the Tribunal that the prosecution witness billed to testify was indisposed to appear before the Tribunal and asked for an adjournment to enable the witness appear.
The Tribunal chairman, Yakubu Danladi Umar granted the request and fixed today for continuation of the trial of the Senate President on the charges, bordering on false declaration of assets slammed against him by the Federal Government.
Recalled that efforts by Saraki to stop the re-examination of a prosecution witness was frustrated at the last sitting on the matter when the Tribunal 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.
Rotimi, in his re-examination at the last adjourned date 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 lodgment.
Upon asking the question, Erokoro, 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 over-ruled 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 witness had earlier told the Tribunal that 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.
Saraki is facing a 13-count charge, bordering on false and improper declaration of assets allegedly acquired when he was Governor of Kwara State.
The Senate President pleaded not guilty to the entire charges preferred against him by the Federal Government.
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