A MILLION SPELLS OF EVIDENCE

 

Back from court that same day, I learnt of a colleague, Mr Fred Sruss who was involved in an accident and was lying helplessly in the hospital. Consequently, I realized how complicated life must be for him in that condition, particularly, in our world of today where men still live in caves, where dinosaurs’ and saber tooth tigers still exist in various forms, where the average lawyer has to be physically present before the court or his client to earn a few pennies, where it is survival of the craftiest and the system is designed to reward those who do less, who have no skill, who arrogate to themselves the wealth of others. In contrast, lawyers are thought to be hidebound to rules, theories, ideologies and guidelines, to thrive under difficult conditions, to survive impossible calamity and to solve complex problems. Conversely, with little or no pay, no employment contract, no pension or health insurance benefits. In this situation it is obvious that lack of specialization, lack of adequate skill will continue to be the actuality because there is no motivation, the strong will continue to prey on the weak. and with the position that Fred Sruss is in right now I think he needs all the help he can get.. 

Seven days earlier at exactly 4:15 pm I was sitting down in the office of the CEO of a multimillion dollar company known as GLOBAL CONSULTANTS NETWORK. Undoubtedly, a brilliant individual, an intellectual and a man with a high IQ need I say a sound mind. Mr. Mark Ray used to be a stock broker and has also ventured into the oil business, presently he is an I.T. consultant, and he does a lot of paper work and as usual we were talking about work and life on that particular day, then I remember I had to check my diary for my next case, after checking my diary I discover, I have a case on Tuesday and I have to go back to my office in Arizona to pick up the file, but on second thought I would rather save myself the inconvenience of taking a taxi all the way back to the office consequently, I call the office in fact I decided to call my boss.  So then,  I took out my cell phone and called almost immediately he answers and I ask him if I should come and pick up the file, expectedly he says I shouldn’t bother that he would be coming with it to the court on the said date, yeah my boss is a nice man professionally speaking.

In his companionable manner, he talks about his house in the Bahamas and his white Hummer H2 SUV, his pleasant recognizable dream which he always loves to talk about. He grabs his keys and get’s up reaching also for his bag and his jacket apparently to leave the office and I remember I didn’t come with my car and as he walks up to his car, I am compelled to ask him If i could tag along with him so that I can stop at the junction and get a movie to watch for the weekend as I have always done. He stops me at the junction and I walk into the video shop to get a movie. However, I can’t think of any nice movie but I just have to get something to watch on a Friday evening and if it’s that good maybe I will have to get other seasons and watch it all through the weekend. Just as I was leaving the shop I met a colleague along the way and I felt delighted to see him more so, as I was carrying a lot of things including a hot ball of pudding which i took with me on my way out of Mr Mark Ray’s office. Unfortunately, after we had greeted he got into his car and drove passed me and I think to myself, he should have at list asked me if I was heading his way. Right now I am home and guess what, the movie I bought is not playing on my system.

Social networking is not one of my fortes but sometimes one can’t help it that is why I do that once in a while. Generally, phone chatting can be really time consuming because it is now 9:00 am on Saturday and I haven’t left my bed. Just then my wife walks in and dumps the baby on my stomach, I have to stop chatting and play with the baby. After a while, I remember I have to make some calls, firstly, I have to call a friend of mine Desmond Egar who came to the office the day before from Masseille regarding a multimillion dollar business venture, I have to tell him about the discussion I had with one of his business partners and to assure him that he did the right thing by introducing me to his partner and he does not have any reason to worry, in reality though I don’t have a clue about what to do with the information I got from his business partner, honestly, I have never done such transactions before so I am a little skeptical but I know all I need to do is study. Being I.T. savvy and with my little experience with similar transactions I know it won’t be much of a problem.

Woke up this morning at about 5:46am didn’t get much sleep last night but I can hear my wife already preparing breakfast in the kitchen, I am pondering over washing the car, but I don’t think I have the luxury because we have a case at the court in Toulouse, so I have to be in court on time. The court in Toulouse is small though a High Court, the Judge Mrs Natasha Loise a simple looking woman who seems quite friendly on the surface is presiding over the court, today I arrived the court at about 8:45 and after parking my car in the parking lot, I walked into the court where I met my friend and colleague Tim Harbor a very controversial fellow, he was standing together with our boss Mr Micheal Davis who is the principal partner of MIYAKHOMEY ATTORNEYS. The judge walks in at about 9:15am and Mr Micheal Davis being a very senior member of the bar called our case out of turn. The Plaintiff was absent but the Defendant was in court. the Plaintiff’s counsel apologized for the absence of his client and proceeded to inform the court that he has three witnesses however only one was in court, this made Mr Micheal Davis uncomfortable and he objected to the piecemeal manner the Plaintiff's counsel intended to take his witnesses because in all sense of seriousness he came prepared to take all three witnesses, moreso he had to leave for Washington the following day, he submitted.

after much debate, the court agreed with the Plaintiff's counsel who proceeded to call the first witness. The first witness was called, examined in chief and exhibits were tendered, and the witness was cross examined the lead counsel dwelt on the fact that the witness was unable to point out the land in dispute. Similar to the case of Nsa v Enene (2016) 7 N.W.L.R (Pt 1511) P 275 wherein the crux of the matter was based on two issues whether the onus of identifying the land in dispute in exhibit 13, a plan tendered by the respondents was rightly placed on the appellants by the trial court.

counsel to the Respondent argued that the Identity of the land in issue was not in contention thereby obviating the necessity of proof. He referred to Osho v Ape (1998) 8 NWLR (Pt.562)492 Mr Ironbar submitted that the respondents conceded that the original ownership of their holding including the land in dispute was in the fore bears of the appellants, onus was on them to show how it devolved on them and the dimension of land so ceded to them. He referred to Gwar v. Adole (2003) 3 N.W.L.R (Pt808)  516 and Balogun v Laburan (1988) 3 NWLR (Pt. 80) 66. He further argued that the appellants’ witnesses were unable to point out the land presently in dispute in exhibit 13 thereby conclusively showing that the appellants who sought declaration of title could not identify the area claimed. He referred to Ikeyere v Lordye v Tor Ihkyambe (2001) FWLR (Pt31) 2881 at 2882, (2000) 15 NWLR (Pt. 692)675, Olakunlade v Ademiloyo (2011)15 N.W.L.R (Pt. 1269)72 at 95, para E-F

Aderemi JSC put it very succinctly, however, subject to the scale of evidence preponderating the burden of proof rests squarely on the party who would fail if no evidence at all, or no more evidence as the case may be, were given on either side. However, let me quickly say that if a plaintiff on whom always rests the onus of proving that affirmative of what he asserts no burden shifts to the defendant unless he has counter-claimed. Iroagbara v Ufomandu (2009) 38 NSCQR 222 at235 (2009)11 N.W.L.R (Pt.1153)587 at 599 paras F-H. summarily the Judges held that the appeal lacked merit in a unanimous decision.

 Woke up this morning at about 5:30am and I dear say that I have done my car and emptied the trash, it’s about 6:26am I am about to take a shower. Finished dressing at about 7:46. I arrived the court at 8:30 and I went to enter my name in the counsel list, but decided to wait for my senior colleague incase he doesn't show up, I can disappear without trace, 13 lawyers were in court at the time then. After waiting a while I called my senior colleague and asked him if I should write his name in the counsel list, he agreed, while I was writing he walks up to me. 9:18am the three judges enter all female preceeded by the court clerk Who was carrying the mace, first case was called counsel pleaded with the court to invoke order 20 and I looked up order 20. I noticed the amplifier and stereo set infront off me with a code 1088, counsel applied to the court to hear the appeal based on the appellant and first respondent and urged the court to rely on order 19. our case was called and a Professor announced appearance for the opposing party which was quite intimidating, our applications were moved. Matter was adjourned for hearing. When we left the court we met with the professor who told us how he has been traveling around the world and invited me to join him in Amsterdam.

Today I am sitting down listening to the news about to take a shower, the time is 7:15 i am with a clear head having had a little sleep I dress up and prepare for court having packed my files, books and bag into my car, I notice there is no light on the dash board even on the indicator on the roof then I realized that there must be an electric. I don’t have time to start trouble shooting though I tried to check the panel of the car but still no sign. Looking at the time I know there is no other option I have to take commercial bus. I walked into the court at about 8:20am and there in the court is my principal who had been waiting for me. I walked up to him and told him of my predicament and smiles in his usual manner he walks me into the court and I write my name in the counsel list, then I realized that my case is the first one on the list and that makes me a bit uncomfortable because this is actually my first time in this court as lead counsel. Then after a while my principal calls me and introduces me to the clients representative who came all the way from Flourida he was with his friend and we shook hands, trying to assure them that they had notting to fear. I then rushed to the court clerks trying to find out if our applications had been served.

The lady at the front desk checks the file and there isn’t any endorsement copy and she asks me to go to the registrar, I told her my case is number one how long will it take me to go and come back, besides I don’t even know the registrars office, she then asks if the bailiff of the court had been mobilized, I guess I have to confirm that from my principal. My principal had left the court and I have to call him, the phone rings several times before he picks up and I ask him if the bailiff had been mobilized irritably he answers please this is not the time, just ask them if they have served? I do a logical manoeuvre in my head which I do when ever I find myself taking a quick or complex decision on my own to sought things out, so I go back to the clerks. Just then one of them, actually the only male among them tells me that it has been served but walks into the inner room I guess to find the endorsement copy, few minutes later he comes out with the copies and shows it to me and I thank him and go back to my sit. The police officer of the court walks in as is the routine he does a quick sweep of the court for any thing dangerous within the judges section, after a while a man walks in with some files, he keeps them on the judges table and walks away, the policeman still there looking like a robort.

Suddenly there is loud bang which causes a stare and momouring in the court, I think it is the sound of books falling. I notice the sterio again the same number U088 displayed on it again. Few minutes later at about 9:12am there is another loud bang in the court marking the judges entry and we all rise. The judges enter and take there sits and I think to my self I hope every thing goes as expected. The court clerk calls my case and I announce appearance I try my best to be composed having to confront three fierce looking women who look menacing in their outfits, judging from the look on the lead judges face I can tell she is not pleased with me and I try to be as polite as I can. Finally, I succeed in moving an application which was granted. but the second application which I made was strongly rejected for obvious reasons and the matter adjourned for hearing. I sit for a while before leaving the court while the clients representative follow me immediately making it obvious that I was there lawyer. Outside I try to explain to them what just happened in the court leaving out the unpleasant details. They seem happy and offer to drop me off.

Today I have to make a decision whether or not to go for a conference or go to the office, but then going to the office today may mean idle talk and loathing around. then I decide to attend the conference, the conference hall is a well lit room with tables and chairs arranged for the occasion. The only person inside happens to be a colleague and we exchange pleasantries and I am so excited to be there. Then two other people walk in it’s about 9:30 am and I have just been informed that the program is starting by 10:00am. More people walk in among them is an old friend and while we were exchanging pleasantries the host informs every one that the program is starting and we all take our sits, the host happens to be renowned professor of law and the topic is on the application of  the new criminal law of Alaska. Comments in the previous meeting are being discussed and we are consequently divided into different groups and are given different areas of the law to deliberate, then we take a tea break. Right back to the discussions after the tea break we get down to work identifying grey areas on the draft bill, it’s very enlightening discussing with persons who are either on the bench or in public offices. After the discussion presentations are made by each group, questions and comments are taken. There comes a time in every event when you feel you have to be heard and one of the signs is you hear your heart beating and you know this is the time to make a contribution, but what would one say in the midst of men and women of such caliber and experience, but then one must find his voice and make a mark in this life regardless of who, just then the host asks for more contributions and with the inner strength I find my hand raised and its done I am given the mic, I hold the mic with all my strength and then the words begin to form in my mind and then on my Lips.