Saraki: his lawyers in go-slow tactics

Ayorinde Oluokun/Abuja

Nigerians should be prepared to witness  a protracted trial of Senate President Bukola Saraki at the Code of Conduct Tribunal.

This is because his arsenal of 90  lawyers, including four senior advocates, appeared to have devised a means to slowdown the trial:  the senior lawyers taking turns to cross examine state witnesses.

The strategy was unfurled in full colours today as the third senior advocate of Nigeria, Paul Erokoro sprang up this morning to cross examine the first prosecution witness, Micheal Wetkas.

Wetkas had been cross examined by lead lawyer, Chief Kanu Agabi and another senior advocate, Paul Usoro.

The tactics became an issue as to  how many of the over 90 lawyers representing the defendant can speak for him and cross examine Micheal
Wetkas, the first prosecution witness.

Rotimi Jacobs,  SAN the lead prosecution lawyer had objected   immediately Kanu Agabi, (SAN) the lead defence counsel, told the court that Paul Erokoro, SAN, another member of the 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 his at a time.

“My submission is that a party is only entitled to one audience in one proceedings. 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 who described the request by the prosecution that the defence should end its cross examination of the first prosecution witness today as absurd said 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 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 witnesses.

“For cross examination of witness, he is entitled to  one counsel to examine the witness, not to list several and say they should be taking it one by one. The defendant right to a counsel is guaranteed by the Constitution. He can have several counsels, but not all of them will speak at the same time. That’s why we have lead counsels. 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.

“The reason why I am raising it is that we have already spent 5 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 added while noting that Erokoro will be the third defence counsel that will be taking part in the cross examination if he was allowed.

When Mr. Umar asked Paul Usoro, another SAN,  who was doing the cross examination why he could not continue, the Senior Advocate of Nigeria said the lead counsel can decide who should do the cross examination.

He added that the defence team is not saying they will all speak at the same time.

In his short ruling, Mr 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 accused to defend himself and the court cannot stop him.