Danladi Arrived Rotimi Jacobs still absent
Kanu Agabi making a case that the defense counsels have always arrived earlier than time
Rotimi absent in court
A member of his team says he will be here in 40 minutes
Umar: we will have to give the lead counsel an opportunity, at least 30 minutes from now
Agabi: we can even give him 1 Hour
We will give him an hour, Justice Danladi rules
Defense counsel making introduction
They just adjourned the case of Rasheed Taiwo
Till the 26th of May
There was no major application or submission by his lawyers
Keep in mind that Rasheed Taiwo is the Customs Officer that accused Dan Ladi Umar of asking for N10million
COOOOOOUUUUURRRT!!!
Wetkas steps into the duck
Agabi: I could beg you on my kneels to adjourn till tomorrow.
Generations to come will see the record that Rotimi came late meanwhile hr didn’t, he was at the Supreme Court…
Agabi: tomorrow, I will also be at the Supreme court
Agabi is establishing a case for the free-flow process of trial
NO to everyday-trial!
Agabi: We must be respected. Otherwise we will be discouraged…. “We need adjournment so that we can go to another court.”
Danladi: I would have asked that we proceed with the cross examination today…
Agabi: cites a case which was adjourned for 3 years
2nd judge spotted speaking to Danladi. He appears pleading to him
Danladi: let’s proceed pls
Usoro takes over. “I’m focusing on count 1,” he says as cross examination resumes
Rotimi: this one witness has spent 2 weeks
Danladi: why are you insisting on count one
Usoro: the prosecution is entitled to object if I’m raising irrelevant questions.
I can even record the witness if I so wish
Usoro: I have not asked questions on count 1
Usoro: I won’t repeat the things that were said yesterday
Usoro: I will be the only one to handle today
Agabi: when the prosecution started this case, would he has said you must conlude so so so issue so so day?
Agabi: Rotimi was with me when I was…. I’ve served as a witness for the government. I was cross-examined Monday to Friday.
Danladi: i will insist the trail continues daily. Let’s expedite the trial and we don’t repeat an issue trashed earlier before
Usoro takes over, starts examination from count 1
Wetkas : like I said yesterday, we wrote to the relevant authorities in lagos on the ikoyi properties
Usoro: did you establish that 15 A & B MacDonald are the same as No Block 15 Flat 1-4 during your investigation?
Wetkas: the investigation we conducted established that
Usoro: okay. We will take that
) Wetkas: anything we brought before this court was derived from the authority by the custodians of those properties
Wetkas : like I said yesterday, we wrote to the relevant authorities in lagos on the ikoyi properties
Usoro: just asked Wetkas if he came across anything ‘energy marine’ in the asset deflation form of the defendant. He said no. “That’s why it was not part of our investigation.”
Usoro: what is being claimed here is that 15 A & B MacDonald and 15 MacDonald existed and are privately owned . correct?
Wetkas: That’s what the letter says.
Usoro asks that the letter of page 119 should be read again for emphasis
Usoro: the letter emphasised that all the properties are privately owned?
Wetkas : Yes.
Usoro: did you see this letter during your investigation?
Wekas: Yes
Usoro : did you go to 15 A & B and No 15?
Wetkas : My men went to Lagos. They went to MacDonald.
Usoro: that is not the question
Usoro: did your men go to that particular property? Did they give you report?
What did they find?
Wetkas: they are in the best position to state what they found. I can’t speak on it
Usoro: yesterday, you referred to a report put together by the EFCC. It’s on page 189 of the proof of evidence
Wetkas who stated claims in his exhibit that the house belongs to the defendant couldn’t (in summary) prove it. When asked for evidence, he said he’s not in the best position to answer the question holding that other team went to the venue… Not him!
Usoro: Have you seen the joint report dated 28th July, 2006.
Wetkas: That’s correct
Usoro: Please go to page 192
Usoro: Page 192 shows the joint team has written something regarding 15 A & B MacDonald?
Wetkas : Yes
Usoro: Please read it.
Wetkas reads that the property in question has been verified and that it is privately owned
Usoro: Michael please keep that joint report aside and help me go to page 4 of Exhibit 14
Usoro: Page 4 of Exhibit 14 is the offer letter to Tiny T. Correct?
Wetkas: That’s correct
Usoro: That letter is dated 23rd of September 2006. That is when Tiny T was offered d property?
Wetkas : That’s correct
Usoro: what is the date of the joint report from your investigation team?
Wetkas: 28th July, 2006.
Usoro: what is the date of the joint report from your investigation team?
Wetkas: 28th July, 2006.
Usoro: Please read the first and second paragraphs on the letter
Wetkas reads that the letter is from Egwuagu and written in 21/6/ 2008.
The letter being read by Wetkas said that Egwuagu packed into the property in 1994
Usoro reads out the first paragraph of the letter from Egwuagu on Page 190.
The letter showed that Energy Marine Resources was the highest bidder of the property
Usoro continues reading that Egwuagu wrote that as at 2008, no body has approached him to buy the property
Usoro : That’s number 15 MacDonald?
Wetkas : Yes
Usoro : there’s nothing in the report of your team that mentioned that 15 A & B MacDonald was occupied by Egwuagu?
Wetkas : there is nothing in the report that said that
Usoro : Yet they said it was owned by the defendant?
Wetkas: Yes
Usoro explains to Justice Umar what he has asked Wetkas whether anything in his report of 2006 mentioned Engr Egwuagu
Wetkas to Justice Umar: Nothing. I said nothing
Wetkas reads that a letter of March 29, 2005 that talks about allowing sitting tenants of 15 Macdonald
To take part in the bidding process of the buildings advertised for sale in a newspaper
Usoro: Let me take you to page 138
Usoro: I can help you this one. It’s a letter to the implementation committee dated 14/7/2005. Seen it?
Wetkas : Yes
Usoro reads that the govt owned property was omitted from the newspaper advert for sale
Usoro reads that block 15 (4 flats) was not advertised whereas a No 15, a bungalow was advertised
Usoro reads that a Mrs Ahakwe signed the letter
Usoro : You have 4 signing in the earlier letter that they are sitting tenants as shown in paragraph 2?
Wetkas : correct
Usoro: what we have No 15 which is occupied by Egwuagu and block 15 (4 flats) occupied by 4 ladies
Wetkas: That’s correct.
Usoro reads out the names of the females who signed the letter
Usoro: Your joint report made absolutely no reference to any of these ladies
Wetkas: No, it didn’t
Usoro: I wish simply to refresh the joint report. Read it again with respect to the verification
Wetkas reads it
Wetkas: the properties on No 15 A & B MacDonald Ikoyi were verified
Wetkas: while the property on 15 A is a big one painted and fenced, the one on 15 B is unpainted and lacks character
Wetkas : Although it is also fenced. The properties are for residential purposes & belong to the declarant (Saraki)
Let’s go back to Energy Marine. What we have read is what is in your report vis a vis the existence of the property
Usoro: Let’s go back to Energy Marine. What we have read is what is in your report vis a vis the existence of the property
Usoro: According to your report, 15 A & B belongs to the defendant?
Wetkas : Yes my Lord
2nd Judge: what led you to that conclusion? That the property belongs to the defendant
Usoro: I’m heading there my lord
2nd judge: No. Let him answer
Adatze : we have gone through a lot of letter exchanges between the implementation committee & other parties
My Lord, we relied on the letter from the implementation commitee & discovered No 15 MacDonald Ikoyi was sold to defendant
We relied on the numbering from the Presidential Implementation Commitee. All letters read were from private citizens
Usoro: That’s okay. My Lord, that needs to be recorded
Wetkas : Presidential Implementation Commitee said that No 15 MacDonald Ikoyi was sold to Tiny T Ltd
Usoro : Let me take you to page 109 of the file
Usoro : that is a letter from the implementation commitee replying Energy Marine. Please read that letter
Wetkas reads that the property at No 15 A, 15 B MacDonald & d one behind 15A are one and the same property
Usoro: Don’t try to be smart, Michael. We are all smart
Wetkas: from that letter, even the implementation commitee isn’t recognising 15 A & B as different properties
Usoro: the letter shows that 15 A & B MacDonald are owned by the same leasee
Usoro: and the letter shows that 15 A & B MacDonald was offered to Energy Marine?
Wetkas: That’s what the letter says
Usoro: In line with the covenant, we have exceeded that by 1 hour. I don’t know if your Lordship wants us to continue
Umar: We can go for 15 minutes
Danladi: “There’s a limit to cross-examination,” he said frankly.
Usoro counters that he is doing his job and should be allowed to do it
Usoro also pointed out that if not for painstaking cross – examination by d defense, d docs of today would have been unknown
Justice Umar calls for a 15 minutes recess…Court!
Break!!!!!!
CCT Chairman Danladi Umar takes his seat. Court!
Agabi to Umar: Our job is extremely difficult. We shouldn’t make it more difficult. I pray for you everyday
Agabi: I pray for Rotimi and I pray for the defendant. (Turns to Rotimi) Am I not speaking for you?
Umar: I really appreciate you too much. This tribunal has a human face
Usoro: My lead counsel omitted the names of those he prays for and omitted Michael Wetkas.
Court laughs
Umar: May we proceed
Umar reads through the submissions he recorded before the recess.
Usoro: You still have the letter written to Energy Marine by the Implementation commitee on page 109?
Usoro: I don’t know if it was in your record that Wetkas read that 15 A & B is diff from the No 15 that was offered?
Umar: Yes.
Usoro reads out the concluding part of the letter in question
Justice Umar turns the document before him to page 109 which is the concluding part of paragraph 2
Usoro: Wetkas, now that you have seen this letter, did you ask d implementation committee to show you these 4 properties?
Wetkas: there was no need for that because…
Usoro: gently. You will explain
Usoro: is your response that there was no need for that same as ‘no I didn’t?’
Wetkas : Yes….
Usoro: these letter says there were different properties
Wetkas: By the content of that letter yes…
Usoro takes the court to Page 2 of Exhibit 14
Usoro: You want to read it?
Wetkas : go ahead
Usoro: are you sure?
Usoro commences reading
Usoro reads that the commission that block 15 ( 1-4) was bidded for by Tiny T Ltd.
Does this clarify the basis you didn’t go to physically verify the information?
Wetkas: This particular letter supersedes the earlier letter
Usoro: How does it do that?
Usoro: Let’s talk about leases Are you aware that all properties belong to govt under the Land Use Act?
Wetkas: Yes
Usoro: do you know that everybody who occupies a property is a leasee?
wetkas; I don’t know to that point
Usoro: Your own report says that No 15 A & B MacDonald Ikoyi belongs to the defendant?
Wetkas : Yes
Usoro : Energy Marine wrote that 15 A & B are separate properties from No 15?
Wetkas : Energy Marine said so
Usoro: the implementation committee wrote that No 15 A & B MacDonald are the same property belonging to a leasee
Usoro : they also said that No 15 MacDonald was the subject matter.
That is the one for sale
Wetkas: Yes
Usoro: Please let’s have that in the records My Lord
Usoro: Let me take you somewhere to establish the point made. Can you check page 104?
Usoro: that is a list of the properties
Wetkas : Yes my Lord
Usoro : That’s the list of properties the implementation committee is disposing off
Wetkas : Yes
Usoro: there is a property there, 15 MacDonald Road
Wetkas: Yes
Usoro: In that list, there is no 15 A & B
Wetkas : in this particular list I didn’t find 15 A & B
Usoro : Is there another list?
Wetkas :No. This was also confirmed to us by the implementation commitee
Usoro: Let’s go to page 2. Mind you we will go back to that list o
Usoro: Let’s talk about the full title of the committee. Read it
Wetkas : Implementation Committee of the White Paper on the Alienation of Properties
Usoro: You are aware this committee is for the alienation of FG landed properties?
Wetkas: Yes
Usoro: Which means that if there were non – government owned properties in Ikoyi, they won’t come under this committee
Wetkas: Yes. That’s what it means
Usoro : Let’s go back to that list on page 104
Usoro : In that page, there are only 7 properties in MacDonald Road on that list. Only 7
Wetkas: By this list, yes
Usoro: In that list, there is no 15 A & B
Wetkas : in this particular list I didn’t find 15 A & B
Usoro: Please take your time and go through that file to see if there is any other list. Take your time
Wetkas is flipping through pages of paper before him which are in the file of the implementation committee
Usoro: Have you seen any other list?
Wetkas: No
Usoro: continue
Wetkas: I haven’t
Usoro : Have you been to MacDonald street?
Wetkas: No
Usoro: From that list, there is no No 1 MacDonald street
Wetkas: No.
Usoro: You are aware this committee is for the alienation of FG landed properties?
Wetkas: Yes
Usoro: From that list, it is common sensical that if there is No 1, there will be no 2 and so on
Usoro : Let’s go back to that list on page 104
Wetkas: I don’t know how houses are numbered
Usoro: Interesting. My Lord please record that
Usoro: In your number course of seeing houses numbered, is it done from 1 to 2 etc?
Wetkas: Yes
Usoro : In that page, there are only 7 properties in MacDonald Road on that list. Only 7
Usoro : so it is reasonable to expect that after number 1, there will be number 2?
Wetkas : Yes. Very reasonable
Usoro: You also said you don’t know how houses are numbered
Wetkas: I said I’m not an expert
Justice Adatze steps in and advises Wetkas not to tell lies to impress anyone.#
Justice Adatze said what is happening is a case of two elephants fighting with Wetkas as the grass
Wetkas: Yes. That’s what it means
Justice Adatze asked Wetkas not to try to answer like a lawyer lest he ropes himself into trouble
Usoro directs Wetkas to Exhibit 3 which is the defendant’s End of tenure Assets Declaration form
Usoro: what date was the declaration made?
Wetkas : 11th July 2007
Justice Umar directs that a seat be made available to Wetkas. That is done. Michael Wetkas is now sitting
Usoro: That’s the defendant’s End of tenure Assets Declaration form in his first stint as governor
Wetkas: Yes
Usoro: I want you to flag this particular declaration. We will come back to it. Let’s go to exhibit 1
Exhibit 1 is the anchor of your case before this declaration. Go to Appendix 3
Usoro: Now, in Exhibit 1, in that appendix we have No 15 A & B MacDonald Ikoyi?
Wetkas : Yes
In item 7, that is where the properties 15 A & B MacDonald are entered
Usoro: Now in that exhibit 1, appendix 3, there is no describition of the property
Wetkas: there’s no description
Usoro: There is no description of 15 A & B MacDonald whether it is bungalow or whatever. Let’s go to exhibit 3
Usoro: You are in exhibit 3?
Wetkas: Yes i am
Usoro: In that exhibit 3 you will see a page where supplementary List 2 is written?
Wetkas: Yes, I have seen it
Usoro: Now, the very first item there says 15A MacDonald which has a description?
Wetkas : Yes, there is. I have seen it
Umar: It says 15A Macdonald Ikoyi
bedroom house
Usoro: Yes my Lord
Usoro: Go to pg 8. There you will see vacant undeveloped plots?
Wetkas : yes
Usoro : underneath it you will see 15B?
Wetkas : Yes
Usoro : it is entered as undeveloped plot
Wetkas: Yes
Usoro: Michael I will take you to 3 sets of docs in exhibit 14
Usoro: We have identified No 15 MacDonald. Read out the description
Wetkas: 4 bed room bungalow with garage
Usoro: Let me take you to another document. Page 199 of Exhibit 14
Usoro reiterates that No 15 MacDonald is a 4 bedroom bungalow with 3 garages.
Usoro: My Lord, I went to page 199. Are you there Wetkas?
Wetkas: Yes
Usoro : that is a search in regards to this property No 15 MacDonald?
Wetkas : Yes.
Usoro: It is the home of Engr Egwuagu. Is that not the same Egwuagu?
Wetkas: it is
Usoro: that page 199 reads that the property on 15 MacDonald is occupied by Engr Egwuagu
Usoro: Please read item G of that page which shows the number of rooms
Usoro: So Michael the position we have from the list of implementation commitee is that no 15 MacDonald has 4 bedrooms
Usoro: Rotimi says I should add 3 bedroom boys quarters but from the census we don’t have that
Usoro: Go to Pg. 209, exhibit 14. Read that one. It’s very simple. It’s a letter from Engr Egwuagu
Justice Umar takes time out to write down something
Usoro: None of the description you have read fits the description in 15 A & B MacDonald in exhibit 3
Wetkas: Yes my Lord
Usoro: yes it fits or yes it doesn’t fit?
Wetkas: Yes it doesn’t fit but my understanding is…
Usoro: Wait now, Wetkas. It will be recorded for you
Michael : My understanding is that one can expand a property if you acquire it.
Usoro: First of all you acknowledge that there is a difference and that one can expand a property. No problem
Usoro: I am looking at Exhibit 3 and I will pursue this your theory. The last item says there is an undeveloped land
Wetkas : Yes
Usoro: As far as undeveloped plot 15B is concerned it doesn’t fit the description in exhibit 3?
Wetkas : Yes. It doesn’t fit
Usoro: My Lord, page 8, exhibit 3. Sorry my Lord. At the top, you will find buildings
Usoro: Wetkas had said that the description that he read cannot possibly apply to 15 B
Usoro: Rotimi gave further evidence to say because it is undeveloped
Usoro: We go to the previous page that talks about 15A MacDonald
Usoro: It’s not a bungalow. It’s a house. You know there is a difference between the two?
Usoro clarifies some of the points made earlier by the witness
Usoro: the witness has agreed that the description of 15A is different from that of 15 that is a bungalow
Usoro: This 15A, are you stating as a fact that it was expanded?
Wetkas: No it’s on assumption
Umar: You want us to close now?
Usoro: I will appreciate that
Agabi rises up and draws attention to the earlier request he made
Umar: Your request is granted. You will rest tomorrow
Agabi: May God bless you My Lord
Umar: Let’s rest tomorrow and come back on Tuesday next week
colleagues are saying Wednesday
Umar: No. Tuesday is good.
Rotimi tries to speak but Agabi says he shd be allowed
Agabi says his colleague on the defense team is launching a book next week Tuesday
Rotimi: My Lord we have been one spot. This witness has been here for how many weeks. It’s not fair
Rotimi: If we will take tomorrow off, then let’s come back on Monday
Justice Umar says this matter is very important
Umar: it is in the interest of the defendant for the matter to be dispensed with quickly
Kanu Agabi now goes into a tale about Socrates and his appearance before a tribunal
Agabi: That tribunal has been condemned by every generation. It shall not be so with your Lordship
Court echoes ‘Amen’
Umar: I have accepted that this matter be adjourned and that we won’t come tomorrow
Umar: However, even though there is a book launch, we will reconvene here on Tuesday
Umar: This matter is very important
Rotimi complains that the defense is wasting time but Usoro rises up and challenges his stance
Usoro: My Lord the witness could have spared us all this trouble if he had simply answered the questions
Usoro: Should I prejudice my client?
Agabi begs Justice Umar to allow the matter to be adjourned till next Tuesday by 12 noon
Umar to Agabi : It is out of my respect for you that I said we should take tomorrow off so we can rest
Umar: You are asking for too much
Agabi: Says they aren’t taking time out to rest. That no lawyer rests.
Agabi: I am begging Lordship and Rotimi you should join me when I am begging
Agabi: I just asked my colleague what Rotimi means and he said ‘stay with me’.
Agabi to Rotimi: stay with me!!
Rotimi says that court should resume 10am on Tuesday as agreed.
The tribunal now adjourned till Tuesday, 17th May, 2016.
COURT!!!!!!
Compiled by Musa Danjuma
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