Wednesday, May 11, 2016

Saraki's 90 lawyers cause chaos in the court hall.

The tribulation of the Senate President Bukola Saraki on a 16-count charge of mendacious assets declaration resumed at the Code of Conduct Tribunal on Tuesday with controversy over how many of the over 90 lawyers representing the defendant can verbalize for him and cross examine the first prosecution witness, Micheal Wetkas.
The prosecution counsel Rotimi Jacobs, SAN, had immediately after Kanu Agabi, SAN, the lead defence counsel, told the court that Paul Erokoro, SAN, another member of the defence team will perpetuate the cross examination of the witness, rose up in protest. The prosecution counsel who had earlier expressed the hope that the defence will culminate 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 verbalize for him at a time. He further told Mr. Danladi Umar, the Chairman of the Tribunal that he should not give opportunity for the defendant to uses many “voices” in the cross examination. “My submission is that a party is only entitled to one audience in one proceedings.

A counsel who start 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 surmount. It (the cross examination) will be illimitable. But Erokoro opposed him arguing that there is no law that circumscribes the number of counsel that a party can utilize in a case. He argued that it is for the very reason that a counsel may get tired that the law sanctions a party to a case to have many counsel.

Erokoro described the request by the prosecution that the defence should culminate its cross examination of the first prosecution witness today as absurd stressing that they will not sanction themselves to be rushed. “We are going to take our time and do the case felicitously. 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,” verbalized Erokoro. In reply, Jacobs verbally expressed his point is that the defendants cannot have several voices concurrently, over the same case and the same witness. “For cross examination of witness, he is entitled to one counsel to examine the witness, not to list several and verbalize they should be taking it piecemeal.

The defendant’s right to a counsel is assured by the Constitution. He can have several counsel, but not all of them will verbalize concurrently. 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 commenced the cross examination is bound to conduct his case. “The reason why I am raising it is that we have already spent five days. The court is entitled to regulate its procedure. You are only entitled to a voice to cross examine a witness. Not four voices,” he integrated while noting that Erokoro will be the third defence counsel that will be taking part in the cross examination of the first prosecution witness, if sanctioned. When Mr. Umar asked Paul Usoro who was doing the cross examination why he cannot perpetuate, the Senior Advocate of Nigeria verbally expressed the lead counsel can decide who should do the cross examination. He integrated that the defence team is not verbally expressing they will all verbalize concurrently.

In his short ruling, Mr Umar verbalized the defence team has the discretion to conduct the defence in a way it deems fit. He withal integrated that the tribunal is bound to give every opportunity to the defendant to bulwark himself and the court cannot stop him. Meanwhile, the tribulation has perpetuated with the cross examination of the of the first prosecution witness by Erokoro.

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