Adelanwa Bamgboye
9 November 2009
Lagos — Peoples Democratic Party [PDP] chieftain Chief Olabode George and his five fellow convicted persons in the N75 billion Nigeria Ports Authority [NPA] scam are on course to spend the next Id el-Kabir, Christmas and New Year holidays in prison following the throwing out yesterday of their bail application by Justice Olubunmi Oyewole of Lagos High Court, Ikeja.
The judge held that there were no sufficient grounds before his court based on the issues presented by their counsels to warrant granting bail to the convicted persons.
Chief George, the former Chairman of NPA's Board of Directors, was convicted alongside the authority's former managing director Arch. Aminu Dabo, another former MD of NPA Captain Olusegun Abidoye as well as former directors Alhaji Abdullahi Aminu Tafida, Alhaji Zanna Maidaribe and Alhaji Sule Aliyu. They each received a 28-year jail sentence, effectively 2 years though, since the sentences are to run concurrently. They are currently serving their jail terms at the Kirikiri Maximum Security Prison in Lagos.
They were convicted on October 26 on the charges of contract splitting, abuse of office and disobeying lawful authority leveled against them by the Economic and Financial Crimes Commission [EFCC] for offences committed while serving on the board of the Nigeria Ports Authority.
The convicts had on October 30 filed their applications for bail, followed by a "motion on notice" dated October 28, 2009 for accelerated hearing of the matter "brought pursuant to section 10 and 51 of the High Court of Lagos State Law 2003 and under the inherent jurisdiction of this honorable court".
The applicants were among other things seeking bail on health grounds and congestion at the Court of Appeal, which they argued could delay the hearing of the matter to prosecute their case diligently. In his ruling after listening to the submissions of the counsels, Justice Oyewole, held that "the applications failed and are consequently dismissed".
The judge said the application failed because the applicants failed to submit sufficient materials to prove that they were suffering from health problems. "There must be sufficient evidence from a specialist in that particular field of medicine" before post-conviction bail could be granted on medical grounds, the judge ruled.
On the issue of delay in hearing the appeal at the appellate court, the trial judge said that "I will not comment on the likelihood of the duration of the appeal". He then dismissed the arguments by the six counsels representing the convicted persons.
The court however discountenanced the issue of preliminary objection to the competence of the motion, based on alleged conflict in signature on affidavits by counsel to the EFCC, Mr. Festus Keyamo. Justice Oyewole ruled that it amounted to technicalities and mere academic exercise which has no bearing in determining the merit or demerit of the case. In his final submission, the judge said "I have considered the application for bail pending appeal and submissions of the counsels. The ruling shall encompass the entire lot because of the similarity in the applications (of the six counsels)." The convicted persons were represented by six counsels, led by Chief Tunji Ayanlaja and Mr. Dele Adesina, both SANs, who had defended the case until conviction.
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