Prosecution : in Exhibit RJ2, on 20th April 2016, EFCC wrote that they have no case against your Lordship
Prosecution: Luckily for us, the letter was written during GEJ’s admini otherwise it would be tagged 'political persecution'
Prosecution: the defense wants to be accorded presumption of innocence but doesn't want to extend same to your Lordship
Oluyede: interrupts the prosecution and says the prosecution is repeating what he said
Prosecution says he never mentioned 'presumption of innocence'
Prosecution: defense cites the case of BAT and says the authenticity of what he attached can't be challenged (laughs)
Prosecution: the prosecution says I can't raise the issue of certification, citing BAT Nig Ltd & Int'l Tobacco
Prosecution: even in the case, it was said that the credibility can be challenged
Prosecution : and the court must be satisfied that those public docs are credible and true
Prosecution: the docs he tendered qualify as public docs under section 102 of the evidence Act
Prosecution : those docs are only admissible if they are certified
Prosecution: My Lord they must comply with Section 104 of the Evidence Act before your Lordship can use them
Prosecution : this matter was contested btw Alamieyesigha and FRN. That case involved myself and some senior lawyers
Prosecution reads that affidavits tendered in that case were copies
Prosecution: It was reported in 2006, Part 1004, Page 113 of the Nigerian Legal Report
Prosecution: Your Lordship will see that the futility of this application is to harass the Chairman of this Tribunal
Umar: anyone who harasses the Chairman of the CCT will be held in contempt
Prosecution: Again I commend your Lordship for utilising the power of contempt sparingly
Prosecution : My learned counsel hasn't proved any issue of cloudy relationship that exists btw the EFCC and your Lordship
Prosecution : I have taken it in good faith that Oluyede abused me. May God bless him
Prosecution: I will urge your Lordships to take it in good faith that it is one of those things when trying to deliver justice
Prosecution: Your Lordship's life has fruits and that is why it is being attacked
Prosecution: I even put it in our affidavit that they wanted to amend the CCB Act
Prosecution : it is only in this nation that leadership can be facing trying and the law setting up the CCB will be amended
Oluyede protests and says prosecution's statements are irrelevant
Prosecution : it's been series and series of harassment. Why? No one is above the law. Attempt is made to depower the tribunal
Oluyele: I will not sit back and allow my learned friend to talk about issue not before this tribunal
Oluyede : whether the NASS does its duty or not has nothing to do with the justice to be dispensed at this tribunal
Oluyede : Your Lordship cannot go outside what is before him. The only thing you can consider is what is before you
Oluyede : Your Lordship cannot on your own imagine what is going on in the NASS
Prosecution : I refer my Lordship to paragraphs 16,17 & 18 of our affidavits on harassment here and there
Prosecution : We must follow due process. By filing frivolous application, Oluyede prompted my submission
Prosecution : I want your Lordship to dismiss it
Oluyede: the judgement of Suit no FHC/ABJ/CS/905/2015 didn't decide the issue of the likelihood bias
Oluyede : and we are not rehashing an issue that has already been decided
Oluyede : the judge never went to the demerits of the case but spoke on constitutional safeguards
Oluyede : In page 12, the judge now asked that we bring the case before the CCT
Oluyede : there are safeguards in our laws to ensure that the applicant's right to fair hearing isn't encroached upon
Prosecution : We have come here to say that Your Lordship shouldn't be sitting on this case
Umar: you have made your submissions
Oluyede: I don't know if your Lordship recorded what I said that the FHC refered us to u
Umar: is that a fact?
Oluyede: it is a judgement and judgement is law
Umar: it is time for prayer and I would suggest we go for break so the bench goes back to write it's ruling
Oluyede: is your Lordship suggesting that I break?
Prosecution : I think we shd continue
Umar : continue
Oluyede: even if it was true that the lead counsel for some reason wasn't aware of the application
Oluyede: or didn't even consent or approve due to confliction, it is immaterial
Oluyede: Because any counsel that is briefed by a party to a proceeding is entitled to act in accordance to the instruction
Oluyede: of his client even if there are thousands of other counsels involved in the matter
Oluyede: and that is the position of the Supreme Court in the case of Edozien vs Edozien reported in 1993
Oluyede explains that a senior counsel is bound by the position of a junior counsel after the former has been briefed
Oluyede reads that the number of counsels that appear in a case depends often on the complexity of the case
Oluyede also reads that all those briefed have the right to conduct the matter in an ethical manner
Oluyede says Justice Umar has the right to ask the defendant if he briefed him or if he is a busy body
Umar says he doesn't believe Oluyede will lie to him. Oluyede thanks him for 'believing in him today
Oluyede says he wasn't briefed by the lead counsel Kanu Agabi but was briefed on the case by the defendant
Oluyede draws Umar ' s attention document attached as exhibit to the affidavit from which he has already read to his Lordship
Oluyede says the affidavits are not certified true copies but nevertheless, d prosecution hasn't challenged their authenticity
Oluyede : by the counter affidavit filed by the prosecution, they have proved their authenticity
Oluyede refers the tribunal to paragraph 7 of the counter affidavit filed by the prosecution
Oluyede : it is clearly stated here your Lordship. EFCC clearly stated 'the facts as they are now
Oluyede: Your Lordship must understand our position because the EFCC holds a sword of Damocles over Justice umar
Oluyede: Your Lordship look at that application not from a technical eye but from the eye of d ordinary Nigerian on the street
Oluyede says all Rotimi Jacobs is known for is prosecuting cases from the EFCC
Oluyede : Guess what your Lordship. The whole international community is aware of this case
Oluyede: only d Attorney-General d can exonerate a man. After he has said prosecution shd proceed, EFCC refuses 2 do anything
Oluyede: and we say we are fighting corruption. How can we be fighting corruption with corruption?
Prosecution protests that Oluyede is casting aspersions on his person and has spoken for long
Umar says even the Attorney-General cannot proceed with prosecution without evidence
Rotimi Jacobs says Oluyede has spoken for a long time. Oluyede says if Justice Umar asks him to sit down, he will sit
Umar: don't sit down
The court bursts into laughter
Oluyede says he respects Justice Umar alot and that his own father sat on the seat Umar is sitting on
Justice Umar says Oloyede's father is also his father. Oluyede says Umar is his brother
Oluyede says justice mustn't just be done. It must be seen to be done
Oluyede says the legitimacy of the proceedings should worry Justice Umar
Oluyede : no one is saying your Lordship is guilty. Your Lordship may be the most honorable person on the bench
Oluyede : but in this matter, it doesn't matter any more. It is about justice and perception of the general public
Oluyede : Justice isn't subjective. It is what is perceived to be justice.
Oluyede: it's not what the court or prosecution thinks. It's what the people think
Oluyede: I didn't cite any of the rulings you have made against my client. All I know that EFCC is prosecuting a case against
Oluyede : my client before this tribunal
Umar: is it EFCC or the Attorney-General?
Oluyede : you see my Lord, technicalities
Oluyede: all I know is that my Lordship is sitting on a panel hearing a case brought by EFCC when he has a case against EFCC
Oluyede: that we are not ready to go to court doesn't mean my Lordship is exonerated.
Oluyede: it may mean that they are waiting for MTN call log to proceed
Umar: you have 2 minutes
Oluyede: It has been brought to my attention that my Lordship is no longer recording my submissions
Umar: it's not everything that I will record
Oluyede: the perception of the reasonable man is that your Lordship is not free from possible intervention of the EFCC
Oluyede: whatever that might mean, it behooves a cloud that offends against section 36 of the constitution
Oluyede : it is for that reason we submit that the continued presence of Hon. Justice Umar on the panel removes the guarantee
Oluyede: that every accused person is entitled to that the tribunal he is tried before will act independently or impartially
Oluyede: I hope the tribunal will grant this application
Prosecution takes over.
Prosecution : We shall be relying on the entire paragraphs in the affidavit we submitted and on the various exhibits attached
Prosecution: identified as RJ1- RJ5.
Prosecution: Your Lordship will recall that the 1st attack on the composition of this panel was made by Mogaji Daniel
Prosecution : that attack travelled from this tribunal to Supreme Court and led to the case referred to as 'Saraki and FRN
Prosecution: which was reported in 2016 through Nigerian Legal Report
Prosecution: We came back from the Supreme Court and there was another great challenge that it is EFCC prosecuting this case
Prosecution: and not the code of conduct bureau
Prosecution: Your Lordship ruled that CCB referred the matter to this tribunal and that the tribunal has jurisdiction
Prosecution:....to entertain the charge
Prosecution: My Lord, that same issue, the defendant appealed to the court of Appeal
Prosecution: and ur Lordship will see from our counter affidavit (exhibit RJ5). From RJ5, you will see issue 6
Prosecution: before the Court of Appeal that the CCB lacks the competence to delegate powers to EFCC
Prosecution: and that EFCC cannot prosecute a matter before this tribunal
Prosecution: Rather than await the outcome of the decision of Court of Appeal,
Prosecution: the defense now filed this application for your Lordship to disqualify himself
Prosecution: My Lord I want you to also look at the affidavit in support of the defense ' s application
Prosecution: all the defense said in his affidavit is that EFCC is a party before this tribunal
Prosecution: Defense is saying that since a party is investigating the chairman of the tribunal
Prosecution: the impression of the reasonable man is that he cannot get justice
Prosecution: My Lord, if u look at d only issue formulated in his written address, he has shown the purport of his application
Prosecution: which is ongoing investigation by the EFCC, the he can't get justice
Prosecution: the defendant raised this issue b4 the Federal High Court through the same lawyer
Prosecution: We attached exhibit RJ3 which is the judgment of the Federal High Court
Prosecution: My Lord in RJ3, in the judgement, the defendant lost. From page, the CCT is a competent tribunal
Prosecution: which derives it's powers from the CCT Act. There are safeguards in our law to protect the accused
Prosecution: the prosecution must prove his case beyond all reasonable doubt and the CCT is duty bound
Prosecution: to give the accused a fair hearing
Prosecution: with all due respect, Oluyede's case defies logic. A criminal investigation is just an investigation
Prosecution : investigation remains investigation. It is not trial.
Prosecution : Your Lordship is not under any trial and hasn't been convicted.
Prosecution: Even those under trial have been enjoying their life. The defendant here is still performing his duty as Senator
Prosecution: The defendant is still the Senate President.
Prosecution: what he is saying is the defendant who is charged should continue to enjoy his office
Prosecution: but your Lordship who hasn't been charged should step aside. What absurdity in this application
Prosecution: Prayer 5 is talking about political motive which is a matter of sentiment that has no place in law
Prosecution: the defense has been carrying this from one court to another. He knows!
Prosecution: and the case has been dismissed by the court of Appeal. Oluyede has never appeared b4 this court
Prosecution: as at the time he filed this motion whether as a junior counsel or as a lead counsel
Prosecution: as at the time he filed this motion whether as a junior counsel or as a lead counsel
Prosecution: he wasn't the counsel on record as at the dates he filed this motion on notice
Prosecution: it was before this court that the lead counsel said he wasn't aware of the motion
Prosecution: the law of progression is that of order and decency and we are guided by our rules
Prosecution : My learned friend cited some authority that once briefed a counsel is bound to do his job. That is true
Prosecution : 90 lawyers appear for the defense in this case. Imagine where 89 of them file applications in this case
Prosecution: that is the absurdity of this case. The defendant isn't entitled to more than 1 counsel at a time
Prosecution: by section 349 (7) of ACJA, it was Mr Kanu Agabi that was engaged by the defendant and led other SANs for him
Prosecution : it is that counsel that is bound to conduct proceedings in this tribunal unless this tribunal for special reasons
Prosecution: allow him to do so and he must do so 3 days ahead.
Prosecution: Another counsel can't just file an application from nowhere when he knows the other counsel is still there
Prosecution : We must be given 3 days interval
Prosecution : Edozien vs Edozien cited by Oluyede is a civil case that has no base in criminal proceedings
Prosecution : My Lord, Oluyede based his case on the assumption that EFCC is a party b4 this tribunal
Prosecution: My Lord the parties b4 this tribunal are Federal Republic of Nigeria and Dr Olubukola Saraki. Only those 2
Prosecution : EFCC not being a party to this proceeding, it will be a clear misconception of the law to argue
Prosecution : that since one of the parties is investigating the CCT Chairman, then your Lordship should disqualify himself
Prosecution: that is total misconception of the law. Counsel just cited authority without application
Prosecution: I am afraid of this issue of parties because of the motion filed in the Court of Appeal
Prosecution: the applicant is asking this tribunal to decide the issue that is b4 the court of Appeal
Prosecution: as to whether the EFCC is the one prosecuting this case
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