Justice Mojisola Olatoregun of the Federal High Court in Lagos and lawyer representing the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN), on Wednesday, exchanged hurtful words during the trial of former governor of Ekiti State, Peter Ayodele Fayose.
The exchange occurred after the cross-examination of the 10th prosecution witness, Maroun Mechleb, Chief Executive Officer of an Akure, Ondo State-based construction firm, Samchase Nigeria Limited.
Trouble began when Justice Olatoregun called Jacobs (SAN) “incompetent” and “extremely rude”.
The judge also accused Jacobs of engaging in “Jankara” practice.
Jacobs retorted, saying that was the first time any judge would describe him in all his years of legal practice.
During cross-examination, Olanipekun tendered parts of Mechleb’s statements at EFCC but not all.
When Jacobs sought to tender the remaining part during his re-examination of the witness, Olanipekun and Ojo objected on the basis that Jacobs could not tender a statement at the re-examination stage.
Justice Olatoregun upheld the objections, but added that Jacobs could “have another bite at the cherry” by tendering it later. She did not mark the document as rejected.
But the judge took offence when Jacobs made reference to a submission by Ojo during his objection.
The following is a transcript of what transpired next:
Justice Olatoregun: “Mr Jacobs, you dare not! You are not competent to look into my ruling, to evaluate my ruling. You are totally incompetent, whether you are a Senior Advocate or not.”
Jacobs: “I was not referring to Your Lordship’s ruling.”
Justice Olatoregun: “You are going beyond your bounds. Do not let me trash your practice. Listen to me, if you reevaluate my rulings in this court, you’ll get into trouble.
“You can only go on appeal, Mr Jacobs. Your mode of advocacy, I do not understand it. It looks like… what do they call it?… Jankara market practice.”
Jacobs: “Thank you my Lord”.
Judge: “You stand here to reevaluate my ruling; you are incompetent to do that. If you have any re-examination, you do that. If you do not have, call your next witness, or you take a date.”
Jacobs: “I’m grateful to your Lordship. Thank you my Lord.”
Judge: “You do not stand there with impetus and reevaluate my ruling. I have ruled, relying on two sections of the Evidence Act.
“If you have an objection to that, you go on appeal. You have no competence, carrying your wig with arrogance, and we have a lot of young lawyers here. What are you teaching them? You stand up to a judge and re-evaluate the ruling of a judge. It cannot happen in my court!
“Re-examine your witness; if you are not re-examining, then close your case.”
Jacobs: “My Lord, I did not refer to Your Lordship’s ruling. I never said a word about Your Lordship’s ruling.”
Judge: “I do not take tangential comments here. You are fond of doing that. You are an extremely rude senior advocate.
“If you are a senior advocate, you are not older than me at the Bar and you are not older than me in age.
“In Yoruba land, we respect age. And in this job, we have what they call professional ethics and respect for each other.”
Jacobs: “I have offered respect to My Lord.”
Judge: “You have never offered it.”
Jacobs: “For My Lord to say that I am Jankara practice lawyer…”
Judge: “Yes, I am saying it. When you finish here, you can write a petition to the NJC (National Judicial Council).
“I’m saying it, and I’m not going withdraw it. I have said it. Go and do whatever you like
“I have called you into chambers and I told you what you’re doing which is not right. You do not just ridicule yourself here, and you have not stopped.”
Jacobs: “I’ve been in this job for a while. I have appeared before several judges, from the lower court to the Supreme Court. No judge has ever called me a Jankara practitioner.”
Judge: “I do not want to know. I do not want to know how many years…”
Jacobs: “I never engaged in Jankara practice, and I take exception to that word, Jankara practice.”
Judge: “Now, are you re-examining your witness?”
Jacobs: “Yes, I am. But I take exception to that word, Jankara practice. I take full exception to it.
“I do my job according to my conscience; I will never pervert the course of justice; I will never call any witness to come here and lie against another person. I fear God. But for one to suppress truth, I will fight against it.”
Two other Lebanese, Goshen Joseph and Joseph Mechleb, earlier testified that J.J. Technical Services had no jobs and never got any from the state.
A lawyer, Mr Kennedy Osunwa, earlier testified that he was engaged to prepare a deed of assignment with respect to a property on 100, Tiamiyu Savage, Victoria Island, Lagos.
He said: “Sometime in 2014/2015, a company that I had retainership with as a tenant solicitor (Still Earth Ltd) called me and said they had acquired some properties lying at 100, Tiamiyu Savage, Victoria Island, and that they had concluded arrangement to sell some because they had a buyer.
“The particulars of the buyer were given to me to prepare a deed of assignment. I was told that one Abiodun Agbele with a company, J. J Technical, were buying the property.”
Fayose, who was on trial for money laundering, allegedly received and kept N1.2 billion and $5 million respectively allegedly stolen from the Office of National Security Adviser (ONSA).
He had pleaded not guilty.
Justice Olatoregun adjourned until April 15 for continuation of trial.