Alleged N10bn Diversion: How I funded construction of my Houses in Ilorin – Saraki
…says EFCC accusation fabricated lies, lacks new oral, documentary evidences
…commission reopening S’Court case which already vindicated me
By Mumini AbdulKareem
From the former Senate President, Dr Bukola Saraki came a comprehensive reaction to the allegation of the Economic and Financial Crimes Commission (EFCC) over allegation that he diverted N10 billion of the Kwara State fund during his two term tenure as the Governor of the state.
Saraki who spoke through his media aide, Yusuph Olaniyonu in a statement weekend not only described the EFCC latest action to seek permanent forfeiture of his houses in Ilorin over the allegation as an accuse of court process, he said the accusations are nothing but fabricated lies which lacked any new oral and documented evidences.
The former Senate President added that the anti-graft agency is dragging him before a federal high court over an allegation that had earlier been quashed by the Supreme Court.
While assuring associates and supporters of his unflinching belief in the ability of the Nigerian judiciary to always do justice to all persons and at all times, Saraki noted that justice shall prevail in the ongoing case.
He said while the EFCC could rely on mere suspicion in obtaining an interim forfeiture order, it should provide concrete evidence and prove beyond reasonable doubt its claims in order to obtain a permanent and final forfeiture order.
The case has been adjourned to April 27 for judgment by Justice Rilwan Aikawa of Federal High Court, Lagos on Thursday following final submissions by EFCC counsel, Rotimi Oyedepo and Saraki’s lawyer, Kehinde Ogunwunmiju, both Senior Advocates of Nigeria (SAN).
The pension law on which Saraki based his defence was enacted in 2010 by majority of Governors across Nigeria. While Saraki has gone ahead to champion an amendment to suspend the entitlements while the erstwhile governors and their deputies hold new political or public offices, many states across the federation have not amended their pension laws in line with Saraki’s call.
Although N252 million was earmarked for Saraki as pension for the construction of the houses, the former Senate President paid for the remaining cost of the buildings from other personal sources.
Other former governors and ex-officials receiving pensions in Kwara State under the state’s Governor and Deputy Governor (Payment of Pension) Law, 2010, include Cornelius Adebayo; Mohammed Shaaba Lafiagi; Sayomi Simon Adediji and Ogundeji Joel Afolabi, according to a recent report by Premium Times.
On how he funded the construction of the buildings, Saraki lawyers told the court that in line with the provision of the Governor and Deputy Governor (Payment of Pension) Law 2010 of Kwara State, the State Government provided N252.2 million for the building of a five bedroom Duplex for Saraki as a two-term Governor of the State and he added his personal money to enable him fund the construction of the property in question.
“The personal fund came from earnings from companies in which Dr. Saraki has statutorily declared that he has substantial and controlling interests. Also, the financial contribution Dr. Saraki made to the construction of the house in question was made in installments over several years after he left office as Governor”, the statement noted.
Saraki’s statement reads in parts:
Led by Mr. Kehinde Ogunwumiju (SAN) Dr. Saraki’s lawyers argued that all the exaggerated claims by the EFCC on withdrawal of government money and its use to acquire property were the same claims made before the Code of Conduct Tribunal, Court of Appeal and the Supreme Court between September 22, 2015 and July 6, 2018 when all the courts concluded and gave judgement respectively to the effect that there was no prima facie case established against Saraki.
It should be noted specifically that Count 7 of the decided case which went up to Supreme Court states as follows: “That you, Dr. Olubukola Abubakar Saraki….(made) various lodgements into your Guaranty Trust Bank account at GT Bank GRA, Ilorin, through your aides as the Governor of Kwara State and your account officer and which funds you handed over to them in cash at the Kwara State Government House…which were not fairly attributable to your income, gifts or loans…” The same old story is being repeated by the EFCC before Justice Aikawa at the FHC, Lagos.
“EFCC produced no new evidence different from what was presented before the CCT and the appellate courts in 2015 and this amounted to re-opening a case that had been decided up to the Supreme Court. This is just a case of bringing back through the back door a case they had earlier lost.
“The court was also told that the claim of transfer of funds belonging to Kwara State Government has no evidential link to Saraki as there was no document or instruction or testimony by any witness linking him to any such illegal transfer of money.
“We will like, for emphasis, to state that the fictitious claims by EFCC of a certain amount being taken from government coffers and deposited by aides have no basis, is totally untrue and a fabricated lie. The agency has not produced any oral or documentary evidence of approval, instruction or endorsement by Dr. Saraki as proof of such act. These claims made newspaper headlines when they were first thrown into the public space by the same EFCC in September 2015 during the CCT trial and no evidence has been produced in support of such claim. They remain mere headline-grabbing stunt.
“Saraki’s lawyers also disagreed with the position of the anti-graft agency that mere suspicion that government money was used in funding the construction of the house in question would be enough to justify the application for forfeiture of the property and that the burden of proof is on the defendant to prove the source of the money for the construction of the property.
“Moreover, the court was told, the property was built on a private land, never owned by government. The matter has been adjourned till April 27, 2020 for judgement.
“We observed that the reports in the newspaper were selectively derived from the written briefs submitted by both parties in the matter and the journalists decided to give prominence to the sensational claims of the EFCC while using the brilliant submissions of the Saraki lawyers as foot notes.
We hereby assure the associates and supporters of Dr. Saraki that he remains unflinching in his belief in the ability of the Nigerian judiciary to always do justice to all persons and at all times. We believe that justice shall prevail in this case, as well.
