The former chairman of the Nigerian Ports Authority, Olabode George, is to spend two years in jail. He, along with five other members of the 2001/2003 Ports Authority Board, were found guilty and convicted on a 47-count charge, including disobedience to lawful order and abuse of office by splitting contracts.
Justice Olubunmi Oyewole of the Lagos High Court sentenced each of the six accused persons to six months' imprisonment for each of the offences related to disobedience to lawful order, while each of the accused received two years' imprisonment for each of the offences related to abuse of office.
The judge gave no option of a fine and said the jail terms will run concurrently.
Justice Oyewole held that there were four major issues to be determined in his judgement - issues as to whether the prosecution was able to prove the allegation of inflation of contract, allegation of abuse of office by splitting contracts, disobedience to lawful order and conspiracy to disobey lawful orders.
Inflation and splitting of contracts
The judge also added that, since there was insufficient evidence to support the allegations of inflation of contracts, the defendants would be discharged based on those grounds. He submitted that the prosecution failed to establish the prevailing market prices, since no price list was tendered by them to back up the allegation.
Watch the Video of Bode George in court
On issue of splitting of contracts, the judge held that "contract splits were obvious and could have been discovered and addressed by the board." He added that the decision of the board members to overlook contracts that were split before they got to the board was willful blindness, adding that the "defendants, while being public officers did approve split contracts, and they thereby abused office."
Willful disobedience
As regards following orders, the defendants were said to have willingly disobeyed the 2001 circular, which the court held was lawfully communicated to the board by the representative of the ministry of transport on the board. Justice Oyewole further held that, months after the circular was brought to the notice of the board, approved contracts were yet to be executed and could have been recalled by the board, when it was discovered that it had exceeded the approval limit of the board. The 2001 circular had an approval limit of N700,000 as opposed to the 1999 circular, followed by the accused, which had an approval limit of N60 million.
"The defendants had no intention to comply with the circular and indeed, they disobeyed lawful orders," Justice Oyewole said.
Conspiracy
On the final issue of conspiracy, the judge said: "Having held that disobedience to the circular is unlawful, they are also guilty of conspiracy to disobey lawful orders."
Olatunji Ayanlaja, Dele Adesina, Gbenga Ojo, Rotimi Sanni, Olutoyin Uko and Yinka Farohunbi - all counsels to the defendants - pleaded with the court to be lenient in its pronouncement on the accused. According to them, the defendants were first-time offenders and had not, at any point, been accused of personal enrichment. They also argued that the defendants were trying to act in the best interests of the nation, saying that strictly following the 2001 circular with an approval limit of N700,000 would have paralysed the activities of the NPA.
However, after over three hours of uninterrupted reading, the accused were sentenced.
Courtroom drama
On arrival at the Lagos High Ccourt, Ikeja premises ,the gates were closed and entry was with very tight scrutiny. Supporters were locked out of the premises, though they were later allowed in at about 8.20 am.
Sixty officers of the mobile police force were also ushered into the court premises to secure the court room at 8.30am. Most of them were armed with guns and teargas.
At 9.10am, Justice Oyewole started reading his judgement. However, 30 minutes into the reading, one of the supporters of the NPA chairman was rushed out of the courtroom after he collapsed in his seat. The judge continued reading his judgement, unmoved.
After the sentence was pronounced by the judge, the convicted persons were kept in the courtroom for over 30 minutes, during which their supporters shouted curses and threats at the presiding judge.
Mr. George was later rushed into a waiting van along with the five others while supporters prevented journalists from taking photos of the convicts.
View a copy of the court's judgment here
The lawyers to Mr. George, have said they will appeal the judgement.
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