Drama As Saraki’s Trial Resumes …90 Lawyers In Defence

Programme Director, British Council Nigeria, Louisa Wadlingham (left), with the Principal Investigator, UCL Institute of Education, Elaine Unterhalter, presenting the report of findings on teacher education, teacher practice, gender and girls schooling outcomes in Abuja on Monday

The trial of the Senate President, Dr Bukola Saraki, on a 16-count charge of false assets declaration resumed at the Code of Conduct Tribunal (CCT), yesterday, with controversy over how many of the over 90 lawyers representing the defendant can speak for him and cross examine the first prosecution witness, Micheal Wetkas.
The prosecution counsel, Rotimi Jacobs, SAN, rose up in protest immediately after Kanu Agabi, SAN, the lead defence counsel, told the court that Paul Erokoro, SAN, another member of the defence team will continue the cross examination of the witness.
The prosecution counsel who had earlier expressed the hope that the defence will end the cross examination of the witness which has been on for about four days, argued that though the defendant may have many lawyers, only one counsel is entitled to speak for him at a time.
He further told the Chairman of the tribunal, Mr. Danladi Umar, that he should not give opportunity for the defendant to use many “voices” in the cross examination.
“My submission is that a party is only entitled to one audience in one proceeding. A counsel who starts a cross examination should conclude it. The fact that the defendant has four SANs does not mean each of them should do it. Not that one when person is tired another person will take over. It (the cross examination) will be endless.”
But Erokoro opposed him arguing that there is no law that limits the number of counsels that a party can use in a case.
He argued that it is for the very reason that a counsel may get tired that the law allows a party to a case to have many counsels.
Erokoro described the request by the prosecution that the defence should end its cross-examination of the first prosecution witness today as absurd, stressing that they will not allow themselves to be rushed.
“We are going to take our time and do the case properly. We will not be rushed; we will not be stampeded. If the prosecution doesn’t like it, he should withdraw some of the exhibits. We are going to take the court through all the exhibits,” said Erokoro.
In reply, Jacobs said his point is that the defendants cannot have several voices at the same time, over the same case and the same witness.
“He can have several counsel, but not all of them will speak at the same time. That’s why we have lead counsel. They can have several lawyers. That’s why they have 90, but only one voice. So, the lead counsel who has started the cross examination is bound to conduct his case.
In his short ruling, Umar said the defence team has the discretion to conduct the defence in a way it deems fit.
He also added that the tribunal is bound to give every opportunity to the defendant to defend himself and the court cannot stop him.
However, the trial continued with the cross-examination of the first prosecution witness by Erokoro.
But Counsel to the Senate President, Bukola Saraki, Paul Erokoro, SAN, yesterday, alleged that the Federal Government has something to hide.
Erokoro made the allegation when the principal witness involved in the ongoing trial, Michael Wetkas, an operative with the Economic and Financial Crimes Commission (EFCC), was unable to give explanations to the letter the commission wrote to the Presidential Committee on the Implementation of Sales of Government Properties in relation to one of Saraki’s property.
EFCC, in its evidence, tendered before the Code of Conduct Tribunal (CCT), claimed it had written a letter to the Presidential Committee on the Implementation of Sales of Government Properties in respect to Saraki’s property on MacDonald Street in Ikoyi, Lagos.
The commission claimed the property was one of those the Senate President did not declare in his assets declaration form.
Responding to Erokoro, Wetkas said, “Sometimes when we write to these committees or government agencies, their reply sometimes is compiled, the committee did reply in another letter not here.
Following Wetkas’ reply, Erokoro declared, “So, from the evidence, the committee did not reply the letter?
“Those prosecuting or whoever is prosecuting definitely has something to hide.”
Meanwhile, the President of the Senate, Bukola Saraki, yesterday alleged before the Code of Conduct Tribunal sitting in Abuja that his assets declaration form of 2003 has been tampered with, hence the reason the original copy of the form was not presented before the tribunal.
Saraki is standing trial over alleged false assets declaration, while he was the governor of Kwara State between 2003 and 2011.
At the resumed trial yesterday, the counsel to Saraki, Paul Erokoro (SAN), levelled the allegation while cross examining the prosecution witness, Michael Wetkas.
Under cross examination, Wetkas was asked whether he saw the original copy of Exhibit 1, which is Saraki’s assets declaration form , in the cause of investigation.
Wetkas initially stated that he never saw the original copy but on a second thought he reversed himself and said he sighted the form from one Samuel Majemu of the CCB.
When asked why the original copy of the form was not brought before the tribunal, Wetkas stated that he always worked with the Certified True Copy furnished by the CCB because it is a replica of the original and it serves the same purpose.
It was at that point that Erokoro submitted: “Whoever is prosecuting the defendant is hiding something by not having bringing the original copy before this tribunal.
“If it is important for the investigative team to see the original, then why is it not important for the tribunal to see it?”