Background
The appellant, Dr. Olubukola Abubakar Saraki, former governor of Kwara State and current President of the Nigerian Senate, faced an eighteen-count charge before the Code of Conduct Tribunal (CCT), regarding alleged false declarations of assets. Following the close of the prosecution's case, a no-case submission was made on his behalf, which the tribunal upheld, acquitting Saraki. This prompted the Federal Republic of Nigeria (the respondent) to appeal to the Court of Appeal, which partially reversed the acquittal.
Issues
The main issues at hand included:
- Whether the lower court rightly held that the prosecution established a prima facie case against the appellant in counts 4, 5, and 6.
- Whether hearsay evidence was improperly relied upon by the lower court to establish a prima facie case.
- The implications of the failure of the prosecution to provide adequate evidence linking the appellant with the alleged offences.
Ratio Decidendi
The Supreme Court determined that due process was not adequately observed in the prosecution of the appellant, specifically regarding the admissibility and credibility of the evidence presented, which was largely deemed hearsay.
Court Findings
The Court found that:
- Both the tribunal and the lower court concurrently identified the prosecution's evidence as primarily hearsay, lacking the direct testimony necessary for a conviction.
- The prosecution failed to call relevant witnesses who could provide first-hand evidence essential for establishing the charges against the appellant.
- By statutory interpretation, the responsibility to verify asset declarations lies exclusively with the Code of Conduct Bureau, which the prosecution did not follow in this case.
Conclusion
The Supreme Court held that the prosecution had not met its burden of proof as it failed to produce competent evidence. Consequently, it restored the tribunal's ruling that discharged and acquitted the appellant.
Significance
This decision underscores the importance of direct, admissible evidence in criminal proceedings and emphasizes adherence to due process. It reinforces the principle that an accused is presumed innocent until proven guilty, and that the prosecution bears the burden of proof beyond a reasonable doubt. Importantly, it also clarified the role and powers of the Code of Conduct Bureau in asset declaration matters.