Bode George to begin 2010 in jail

Olabode George and five others will spend their Christmas and New Year holidays in jail after the Court of Appeal, Lagos division, on Thursday dismissed their bail applications.

The convicted former chairman of the Nigeria Ports Authority (NPA) and others, including Aminu Dabo and Olusegun Abidoye, were asking the court to release them on bail ahead of their appeal against the judgment of a lower court, which sentenced them to two-years and six-months imprisonment, concurrently.

The bail was requested on three grounds; congestion and delay in the hearing of the appeal, health conditions of five out of the six applicants and the substantiality of the grounds of appeal.

The appeal court judges, Monica Dongban-Mensem, Paul Galinje and Hussein Mukhtar, all unanimously agreed that the bail appeal lacked merit on all counts.

Congestion and delay in appeal hearing

The counsel to the applicants argued that their clients would likely have completed their terms in full before any appeal is heard. The judges, however, rejected this saying that things have changed in the court system. They stated that the main cause of delay in hearing appeal matters is due to delays in the compilation of records at the high courts. The use of computers and other electronic appliances, they said, has now streamlined this process.

They also used the example of the bail hearing to highlight how quickly an appeal case can be heard if all processes are diligently followed.

"Thus, once an appellant who has ninety (90) days from the date of judgment of the trial files and serves a well thought out appeal and follows up diligently on all other procedural requirements, there is no reason why the appeal will not be heard in good time."

Health conditions

Similarly, the bail appeal on health grounds was equally dismissed by the judges. The judges said the applicants did not show in their applications that their health conditions cannot be managed by the prison authorities. None of the applicants, they said, is a hazard to other persons in the prison and, therefore, did not qualify on an exceptional basis.

Substantiality of the grounds of appeal

Mrs. Dongban-Mensem noted that among the conditions considered for granting of bail pending trial are the magnitude of the offences and the likelihood of escape. She noted that the same condition also guides granting of bail after conviction and by provisions of section 28(2) of the court of appeal act, if the appeal fails, the convicts will start the jail term from the date he was released by this court on bail.

"This prospect can make a first offender to jump bail after conviction even if he did not during trial," she said.

She also added: "the offences for which the applicants stand convicted bear enormous sentences and the issue of bail after conviction in the circumstances cannot be compared with those of the cases cited before us. We must be weary."

Aminu Tafida's counsel, Gbenga Ojo, spoke with NEXT after the hearing. He said the applicants would not accept the decision of the Court of Appeal on bail pending appeal.

"We are going to the Supreme Court, definitely."

The Economic and Financial Crimes Commission (EFCC) counsel, Anthony Omaghomi, said he was pleased with the decision. "I am elated, if this matter had gone the other way, it would have set a dangerous precedent," he said.

Mr. Omaghomi also said if the applicants had used the same energy in pushing bail as they did with the substantive appeal, the appeal would have been heard by now.

History

Justice Olubunmi Oyewole of the Lagos High Court sitting in Ikeja had on October 26, 2009 sentenced the six former board members of the NPA to two-year and six-month imprisonment, to run concurrently based on a 47-count charge; offences based on disobedience to lawful order contrary to section 517 and abuse of office contrary to section 203 of the criminal code of Lagos State.

Upon conviction, the convicts, Mr. George, Mr. Dabo, Mr. Abidoye, Aminu Tafida, Zanna Maidaribe and Sule Aliyu applied for bail pending the determination of the appeal against the judgment.

On November 9, 2009 in a ruling delivered by Justice Oyewole, the applicants were refused bail pending appeal on the grounds that their applications lacked merit. Not in agreement with the ruling, the defendant proceeded to appeal the ruling of the court on bail pending appeal and the application was further dismissed at the court of appeal.

The applicants are. however. set to proceed to the Supreme Court.