Wednesday, 20 April 2016

Saraki's Trials and Wisdom of Ahitofel: Wetkas Crossexamination - Highlights

I am not a lawyer or CCT judge but I think Wetkas did well under crossexamination. Lawyers are trained to be adversarial in their questioning and they tend to go for the weakest links. 

Like others, I fear the EFCC may botch this case but the overwhelming evidence cannot be explained or wished away. We don't have a jury system, the judge can see through the charade. The sophistry of Saraki's lawyers will be similar to the wisdom of Ahitofel .

The important points to note:
1. Saraki is the first Senate President of Nigeria to be docked.
2. He has desecrated the position and brought the seat into disrepute.
3. He confuses himself with the State and continues to make laws as an indicted criminal.

Defence lawyer appearing for the Senate President, Dr. Bukola Saraki, in his ongoing trial before the Code of Conduct Tribunal, Chief Kanu Agabi (SAN), on Tuesday continued the cross-examination of the first prosecution witness, Mr. Michael Wetkas.

Agabi, who started cross-examining the witness on Monday, dwelt on the details of about four petitions tendered by the prosecution in the course of the trial accusing Saraki of looting Kwara State while serving as governor of the state between 2003 an 2011.
Agabi said he took the decision to cross-examine Wetkas on the petitions in order to challenge the contents and because they were tendered through the witness by the lead prosecution, Mr. Rotimi Jacobs (SAN).

Wetkas, in response to wide-ranging questions relating to the petition, asked him by Agabi in the course of the cross-examination on Tuesday, insisted that the allegations contained in the petitions were not the basis of the investigation which his team conducted leading to the charges of false asset declaration preferred against Saraki.

Wetkas is an operative of the Economic and Financial Crimes Commission, who said he led the inter-agency team that investigated the intelligence report on the allegations leading to the charges instituted against Saraki before the tribunal.

The petitions with which he was confronted with by Saraki were earlier admitted as Exhibits 10 to 13 by the tribunal.

The petitions which were sent to the EFCC in May and June 2012 were authored by Kwara Freedom Network.

Wetkas confirmed under cross-examination that the petitions were written about one year after Saraki left office as Governor of Kwara State.

He confirmed that none of the petitions had to do with the allegation of false asset declaration which is the subject matter before the tribunal.

He also confirmed that none of the petitions was addressed to the Code of Conduct Bureau.

He also said he did not investigate Saraki on the basis of the allegations contained in the petitions because they were not assigned to his team.

Find below the transcript from the proceedings.
Regarding whether he confirmed that local government funds were being illegally deducted as alleged in the petition against Saraki, he said: “Not part of the investigation I carried out.”

“Do you know whether the petition was addressed to the Code of Conduct Bureau (CCB),” Agabi asked.

“I don’t work for the CCB. I wouldn’t know.”

Agabi: “In terms, illegal transfer of funds by the accountant general, was he invited?”

Wetkas: “I cannot say because I was not the one in charge of this.”

Agabi: “Did you know if this exhibit was referred to him for an answer?

Wetkas: “I wouldn’t know, but he was once invited.”

Agabi: “Did you meet with the members of Kwara Freedom Network?”

Wetkas: “It was not part of my investigation.”

Agabi: “In the course of your work, did you come upon any document in which members of this network were called upon to justify their petition.”

Wetkas: “I was involved in this investigation in 2014; the petition was in 2012.”

Agabi: “Have you read the petition?”

“I only perused through it.”

Agabi: “When you tendered this document, did it occur to you that you will be questioned?”

Wetkas: “This is not the aspect I investigated. Someone more competent than me will talk about it.”

Agabi: “Did your perusal show that the asset declaration of the defendant was the issue.”

Wetkas: “I can’t remember seeing that.”

When asked if he obtained the statements of the petitioners, the EFCC detective said he did not know.

Agabi: “Did you obtain any statement from the defendant on this petition?”

Wetkas: “It was not part of my investigation. I didn’t investigate this aspect of the petition. There are people who are more competent to talk about it.”

Agabi: “Exhibit 11 (the petition) is not addressed to the CCB. No action was taken for four years after exhibit 11 was received?”

Wetkas: “I cannot say that. I didn’t investigate exhibit 11.”


Agabi:, “I put it to you that all the agencies did not take any action on it because on the face of it the petition was frivolous.”

But the witness said he could not confirm the statement because he did not work under any of the government bodies.

Saraki's lawyers like King David genius adviser Ahitofel are loooking for just a ground to fault the EFCC evidences at the CCT trials.

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