Court reserves ruling on Bode George bail pending appeal

A Court of Appeal sitting in Lagos has reserved ruling indefinitely on the application for bail pending appeal by the former Nigeria Port Authority (NPA) chairman, Olabode George along with five others, who were convicted and sentenced to two-years imprisonment as charged by the Economic and Financial Crimes Commission (EFCC) on offences related to conspiracy, abuse of office and disobedience to lawful order.

While the court ruled that the applications of all six applicants, Mr. George, Aminu Dabo, Olusegun Abidoye, Abdullahi Aminu Tafida, Zanna Maidaribe, and Sule AliyuGeorge should be consolidated, the counsel to the applicants and respondent argued for and against granting of the application.

Grounds for appeal

Olatunji Ayanlaja, Dele Adesina, Gbenga Ojo, A.O. Alegeh, Seyi Sowemimo and Olayinka Farounbi, all counsel to the six applicants, argued that the applicants should be granted bail. While all the other applicants argued on three grounds, the fourth applicant argued on two grounds.

Mr. Alegeh, along with the other lawyers, stated that the ground for the appeal filed against the judgement of the lower court was substantial, arguable and likely to succeed when heard by the court. They also stated that, due to the congestion/number of matters pending before the Court of Appeal, the applicants may have finished serving their terms before the appeal is determined.

The counsel further stated that, if their application satisfied one of the grounds for bail, then the court should exercise its discretion and grant bail based on one ground. In addition, the other counsel based their argument on health grounds; they contended that the health condition of their clients requires special consideration, for which reason they urged the court to grant their request.

Mr. Ayanlaja, counsel to Mr. George, prayed the court to grant the application, saying the health of his client has deteriorated. “The sentence of imprisonment is not a sentence of death,” he said.

Respondent opposes applications

In opposition to the applications, counsel to the respondent, Festus Keyamo, urged the court to refuse the application. On the argument that the grounds of appeal were substantial, he stated that the court could only exercise its discretion on an appeal that was both substantial and arguable.

Mr. Keyamo also stated that the court could only accept a medical report as basis for granting of bail from an expert in that field of medicine. He stated that the applicants had not shown reasons for the court to hold that the medical facilities at the prison were not sufficient for their aliment.

He also urged the court to reject the health submission of the second applicant, Mr. Dabo. Mr. Keyamo stated that the applicant contradicted himself by relying on three contrasting medical certificates, one of which stated that the applicant had acute and life threatening hypertension while the most recent certificate stated he had mild hypertension. The counsel cited a case wherein the Supreme Court held that where there is contradicting evidence such submission should be dismissed.

Speaking on the issue of congestion at the court of appeal, Mr. Keyamo urged the court to exercise its discretion by hearing the appeal against the judgement instead of granting the bail. He urged the court not to grant the application, citing a case in which the applicant who was not yet convicted was refused bail.

“I urge the court to consider the image of the country. If bail is granted to public officers who have been convicted for corrupt practices, it would be a dangerous precedent in the country. I urge the court not to grant their applications for bail and not to set a dangerous precedent” he said.

The presiding panel of judges — Monica Dongban-Mensem, Paul Galinje and Hussein Mukhtar - have however not specified the date for the ruling on the applications.

History

Justice Olubunmi Oyewole of the Lagos High Court sitting in Ikeja had, in his judgment delivered on October 26, 2009, found the applicants guilty on 47-count charge of conspiracy, abuse of office and disobedience of lawful order; he sentenced them to jail accordingly. However, the appellants, in their notices of appeal, are praying the court to allow their appeal and set aside their conviction and sentence on all the counts. They are asking the appellate court for an order admitting them to bail pending the determination of their appeal against the judgment.