Justice Olubunmi Oyewole of the Lagos High Court sitting in Ikeja, on Friday, fixed November 9, 2009 for hearing of bail applications pending appeal of the former Nigerian Ports Authority chairman, Bode George, along with five others, who are presently serving their jail terms at the maximum security prison, Kirikiri.
The applicants, through their counsels, asked for an order of the court admitting them to bail pending the determination of their appeal against their conviction and sentence as stated in the judgement the court delivered on October 26, 2009.
They also asked for other orders as deemed proper by the court.
The applicants were found guilty on a 47-count-charge of willful disobedience to lawful order and abuse of office by splitting contracts.
Consequently, the convicts were sentenced to six months and two years imprisonment while each term is to run concurrently.
The convicts have since been moved to the Kirikiri maximum prison, where they are to remain for the next 18-months.
‘Bode George is ill’
The first applicant/convicts filed the application, “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 honourable court.”
However, the affidavit supporting the bail application by the first applicant, Mr. George averred that he is ill and needs frequent monitoring and constant treatment to prevent complications.
“That the applicant from a medical report received from Q-life family clinic dated October 27, 2009 which is now produced and shown to me marked exhibit “C” is hypertensive with arthritis on and off and therefore needs frequent and constant monitoring and treatment to prevent complications.”
The counsels to the six applicants, led by Olatunji Ayanlaja, who defended the case before convictions, submitted that the respondent, EFCC have been served with the paper for the application. They also urged the court to move the application.
10 more days in jail
Festus Keyamo, counsel to EFCC, admitted receiving the applications, but asked the court to give him time to respond to the application. According to Mr. Keyamo, the papers from the applicants were served on him in bits and he would need three day to reply each of the applications.
“We wish to take the applications separately, so we ask for at least three days for each of the applications consecutively.”
The request for 18 days by the prosecution counsel was overruled by the presiding judge, Justice Oyewole, who urged all parties to exchange all documents within a week.
“Hearing of the bail application is fixed for Monday, November 9, 2009 to enable counsel’s exchange all the necessary papers,” he said.
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