The
embattled Senate President, Saraki and others accused of not declaring
assets might forfeit them to the federal government following new
development.
Bukola Saraki
Senate President Bukola Saraki and Justice Sylvester Ngwuta of the
Supreme Court, among other defendants currently being prosecuted before
the Code of Conduct Tribunal, may have their properties, which are
subject of the charges preferred against them, temporality forfeited
pending the final determination of their cases.
This is according to the CCT’ s new Practice Direction , 2017, released last week.
The 26- paragraph Practice Direction, with commencement date of
February 16, 2017, is signed by the CCT’s Chairman , Danladi Umar , and
the other member of the tribunal, William Atedze.
Paragraph 12 of the document , which deals with ‘Seizures’ , gives
the prosecution the discretion to apply ( through ex -parte motion ) for
temporary forfeiture of assets which are subject of the trial pending
the final determination of the case.
It allows the prosecution to make the application for property
seizure at the commencement of the trial or “ at a reasonable time
thereafter”.
According to legal experts , since the new practice direction is a
procedural framework , it will take immediate effect on ongoing cases.
Paragraph 12 reads , “The prosecution may , at the commencement
of the trial or at a reasonable time thereafter , apply to the tribunal
for an interim order of seizure, forfeiture and confiscation of the
property, the subject of the charge pending the final determination of
same by the tribunal.
“ An application for temporary seizure may be heard in chambers or in open court by the tribunal.
“ Application for temporary seizure shall be made motion ex
parte supported by an affidavit and schedule of the property to be so
attached.”
Saraki is being prosecuted by the Federal Government before the CCT on 18 counts including mostly false assets declaration.
Some of Saraki ’s properties which are the subject of the charges
preferred against him are located at 15, 17, 17A and 17B Mcdonald Street
, Ikoyi , Lagos . Others are located at Plots 2481 and 2482 Cadastral
Zone A06, Maitama , Abuja , ( otherwise known as 1 and 3 Targus Street ,
Maitama , Abuja).
Saraki is also accused of obtaining a N 375m loan from Guaranty
Trust Bank Plc on February 11, 2010, which he allegedly used to buy
property in London.
The Senate President was said to have failed to declare the London
property. On his part, Justice Ngwuta was arraigned on eight counts
before the CCT on April 20. Properties, which are subject of the case ,
are listed in seven of the counts.
In count one to seven , the prosecution accused Ngwuta of false
declaration of assets by failing to declare a parcel of land and
properties in Abakaliki, Ebonyi State, as well as some luxury cars, all
belonging to him , when he declared his assets to the Code of Conduct
Bureau between June 2, 2011 and July 19, 2016.
The offence is said to be contrary to Section 15 of the Code of
Conduct Bureau Act , Cap C15 Laws of the Federation of Nigeria 2004 and
punishable under Section 23( 2) of the same Act.
The Justice of the apex court is also accused in count eight of
engaging in private business as a public officer , contrary to Section
6( b) of the Code of Conduct Bureau and Tribunal Act.
Specifically, in count one to three he is accused of failing to
declare his parcel of land measuring 1, 722. 952 Square Metres located
at Umkpufu , Off Onwe Road, Azuiyiokwu, and properties at Plot 36, Onwe
Road Layout as well as Plot 35, GRA Extention ( Onwe Road) Layout ,
allin Abakaliki, Ebonyi State .
In count four to seven , the Justice of the Supreme Court was
accused of failing to declare between June 2, 2011 and July 19, 2016,
the following cars as part of his assets:
*A Wrangler Jeep with Vehicle No : VRG 5553562034689, Chassis No :
IJ 4GA591581626734 and number plate RSH 526AJ ; a BMW 5 Series Saloon
with Vehicle No : 7779067484832 and Chassis No : WBSWL91060P 323876,
marked KUJ 510FU ; a Hummer Jeep with Vehicle No : VRG77746900444362 and
Chassis No : 5GRGN 2389H101515 and number plate KWL 881JE; a Liberty
Jeep with Vehicle No : VRG77746817425807 and Chassis No : 1J 8GP 28KX 9W
550564, marked RBC 570DP .
Forfeiture of property , which is the subject of a trial, has been
part of the three types of sentences imposable on the defendant found
guilty since the establishment of the tribunal.
But giving room to the prosecution to request the seizure of the
said property before the final determination of the case is novel at the
CCT.
The other two sentences the tribunal can pass on a defendant,
convicted by the CCT, are vacation of office and disqualification from
holding public office for 10 years.
The new practice direction explains in its First Schedule that one
of the sentences or combination of two or all the three sentences can be
passed on a convict depending on the level of harm of the offence on
the victim and the level of culpability of the defendant in the offence.
The document also now divides the trial before the tribunal into
four stages , which are arraignment, pre - hearing, the trial and
sentencing procedures.
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