Lagos — The Court of Appeal in Lagos yesterday granted convicted former Chairman of the Nigerian Ports Authority, Chief Olabode George and five others leave to file additional grounds of appeal.

A new panel of three justices of the appellate court, presided over by Justice Clara Bata Ogunbiyi however declined a request to give the appeal accelerated hearing.

Moving the motion on notice brought pursuant to Order 6, Rules 4 and 15, Order 17 Rule 11 of the Court of Appeal Rules, 2007, counsel to George, Mr. Tunji Ayanlaja (SAN), who spoke on behalf of other counsel, stated that after perusing the record of appeal with other counsel in chambers, it was realised that there are several other grounds of appeal which ought to be used to impeach the judgment of the lower court.

Ayanlaja added that the 16 additional grounds of appeal were required to enable the appellants bring before the court all issues of law and facts in controversy between the parties.

Among the additional grounds is that the trial judge having found that the prosecution of the offences charges was by the Attorney-General of the Federation erred in law and acted without jurisdiction when he convicted and sentenced the appellants for offences under the law of Lagos State.

He argued that the only offences the AGF is empowered to prosecute under Section 174 of the Constitution are offences created by an Act of the National Assembly. Besides, Ayanlaja maintained that having discharged and acquitted the appellants of offences under the Corrupt Practices and other Related Offences Act, the trial judge ought to have dismissed the other charges in counts 8-68 being offences under the Criminal Code Cap 32 Vol. 2 Laws of Lagos State which the AGF had no power to prosecute.

Opposing the application, Festus Keyamo, lawyer to the Economic and Financial Crimes Commission (EFCC), argued that some of the additional Grounds of Appeal sought to be added to the original Notice of Appeal by the appellants do not arise out of judgmentproceedings of the lower court, contending that some of the additional grounds will require fresh evidence.

In particular, Keyamo argued that ground 16 of the amended Notice of Appeal would require the production of evidence to show whether the Attorney-General of Lagos State authorized the Attorney-General of the Federation to prefer and prosecute the charges against the accused persons at the lower court.

"Since this issue is one that affects the competence of the charge itself at the lower court, there are statutory provisions stipulating when it can specifically be raised and as such leave cannot be granted to raise it at this stage", he submitted.

He prayed the court to dismiss the application sought to be tendered. But the court, in its ruling, overruled Keyamo's objection on the ground that it should be raised during the hearing of the preliminary appeal. Justice Ogunbiyi, (Presiding) thereafter adjourned the matter till April 22 for hearing of application to consolidate all the appellants' briefs.

George together with the former Managing Director of the Nigeria Ports Authority (NPA), Alhaji Aminu Dabo, Captain Olusegun Abidoye, Alhaji Abdullahi Aminu Tafida, Alhaji Zanna Maidaribe and Alhaji Sule Aliyu are currently serving their two years jail terms in Kirikiri Maximum prison.

The appellants were on October 26, found guilty of some of the charges leveled against them by the EFCC over offences committed while serving on the board of the NPA, and sentenced by the court. Justice Joseph Oyewole had in his judgment delivered on October 26, 2009 found George and five others guilty on 28 count charge of disobedience of lawful order and sentenced them to jail accordingly.

Justice Oyewole found them culpable on seven count charges of abuse of office and sentenced each of them to two years jail term.