ANALYSIS - End of the swagger

Finally, a courageous judge found his voice and did the correct thing. Where others have been contented trying and picking the lock lazily, Mr. Justice Olubunmi Oyewole picked up the sledgehammer and banged the door down.

Mr. Oyewole of a Lagos High Court sentenced Olabode Ibiyinka George, a retired naval commodore, to prison on Tuesday for his nefarious actions as chairman of the board of the Nigerian Ports Authority (NPA).

He sentenced Mr. George and four other former members of the board to two years each on a seven-count charge and another six months each on a 28-count charge. Sentenced with the former deputy national chairman (South) of the Peoples Democratic Party (PDP) were former NPA managing director, Aminu Dabo, Olusegun Abidoye, Abdullahi Aminu Tafida, Zanna Maidaribe and Sule Aliyu.

Initial reactions to the judgment varied from disbelief to shock, and much later, anger, over what many believe to be a mere slap on the wrist. On this newspaper's website, the breaking alert posted attracted 110 comments within three hours, depicting the emotional pull of the story on the hearts of some of our readers.

The incident is better understood in the larger context of the "rule of law" mantra of the current administration of President Umaru Yar'Adua, which till now has not recorded any major conviction. Further, Mr. George is not just a small fish. He strutted around the nation's landscape like a lord of the manor, fouling the political air and leaving in his steps a nauseating smell that would take a powerful fragrance to neutralise. His is like the classical case of the fall of Humpty Dumpty.

Best judgment in the circumstances

A legal expert summed the judgment as, "the best in the light of current circumstances," further declaring that "the prosecution did a shoddy job in this kind of white collar crime as they were unable to bring substantive evidence in the case."

"The judge could not give a judgment beyond what was presented during trial and it was the minutes of the NPA board where they were splitting contracts that gave them away, if not, a conviction would have been difficult." Under Nigerian laws, contract-splitting carries a maximum of two years imprisonment which the judge meted out.

Meanwhile, factional members of the Musiliu Obanikoro-led PDP in Lagos State would burst out in joy as their arch enemy is out of the way for some time. Mr. George has been their nemesis and an albatross on their necks for four years.

The genesis

The Economic and Financial Crimes Commission (EFCC) charged Mr. George and five others to court on August 15, 2008 for contract inflation to the tune of N84 billion during Mr. George's tenure as NPA chair between January 1, 2001 and October 14, 2003. The EFCC officials arrested him on August 7, 2008 at his Asokoro home in Abuja after boasting that nobody could arrest him on his return from a trip to London.

Until then, he has been evading arrest and prosecution largely due to his closeness to former President Olusegun Obasanjo. Mr. George's case was so bad that former transport minister, Abiye Sekibo, sacked his board and the NPA management led by Aminu Dabo on October 15, 2003 after allegations of misappropriation of N67.58 billion.

Two probe panels were set up to probe Mr. George's tenure; one was headed by Mustapha Bukar from the Office of the Head of Service of the Federation while Nuhu Ribadu, former EFCC chairman, headed the second panel. Mr. Ribadu's committee submitted its report in December 2005 after asking for an extension from six to 11 months to do a thorough job. Sadly, Mr. Obasanjo sat on the two reports until he left office.

No other person apart from Babalola Borisade, former aviation minister, perhaps, enjoyed Mr. Obasanjo's protection than Mr. George.

During the trial, a common sight was Mr. George's supporters in uniform attires singing and drumming in the court premises glorifying corruption. They went as far as assaulting Bayo Onanuga, a journalist and editor-in-chief of The News magazine after he gave evidence in libel proceedings involving his company and Mr. George before a Lagos High Court on January 30, 2008.

Not new to corruption

This was not the first time Mr. George would be accused of corruption. The defunct African Concord in its February 11, 1990 edition, published a cover story titled "Bode George, Governor of Ondo State (1988-1990) - Scandals of an Era" and detailed how he awarded contracts as governor of the old Ondo State solely to milk the state.

The News magazine reported how his government had an agreement with a company, Trobell International Nigeria Limited, for the purchase of three speedboats for N2 million each. The speedboats were meant to provide transportation at Igbokoda-Aiyetoro and were to be of fibre glass tops,

steel bodies, double engines and to carry 60 passengers each. But the boats supplied were made of plywood and were alleged to be improvisation of flat barges, used by oil companies to transport equipment.

"Trobell International Nigeria Limited commenced business in 1987 and Ondo State government was the first customer it would deliver boats to. Also, no letter was issued in respect of the contract and the deal was not referred to the Justice Ministry for vetting before it was signed. Also, the sum of N6 million was paid before the boats were supplied, although the contract reads that money will be paid on execution of contract."

Finally, the braggadocio is gone, and the swagger of power that exudes a feeling of "I-am-in-control" will no longer assault our eyes. It might not be the blow on corruption most Nigerians are clamouring for, but it is a scratch that should go a long way.