Tag: Bode George

  • Supreme Court quashes Bode George’s conviction

    Supreme Court quashes Bode George’s conviction

    Reprieve came the way of jailed former Chairman, Board of Directors of the Nigerian Ports Authority (NPA) Chief Olabode George and five former members of the board yesterday as the Supreme Court quashed their conviction, discharged and acquitted them.

    George, Architect Aminu Dabo, Captain Oluwasegun Abidoye, Alhaji Abdulahi Aminu Tafida, Alhaji Zanna Maidaribe and Engineer Sule Aliyu were on October 26, 2009 convicted and sentenced to 30 months imprisonment by Justice Olubunmi Oyewole of the Lagos High Court, Ikeja.

    They were tried and convicted under Sections 104, 203 and 517 of the Criminal Code Laws of Lagos State 2003 for offences relating to abuse of office, disobedience to lawful order issued by constituted authority and conspiracy to commit offence.

    George and others were said to have exceeded the limit set to their authority to award contracts and contrived to bring the contracts within their limits by splitting them, while also inflating their prices, in the charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    Yesterday, the five-man panel, who heard the six separate appeals filed by the appellants, were unanimous in deciding that George and others were unjustly subjected to trial and convicted.

    The apex court held in the six separate judgments delivered yesterday, that not only did the prosecution failed to establish the guilt of the appellants, the law under which the charges were brought were unconstitutional.

    The court held that the offences for which the appellants were convicted were not known to law as at when the offences were said to have been committed.

    Justice John Afolabi Fabiyi, who read the lead judgment in appeal numbered: SC/180/2012 filed by George, observed that even when the prosecution’s evidence showed that all the contracts awarded were “appraised by experts employed by the authority (NPA) and that the experts recommended the contractors to which the contracts were awarded, the prosecution led by Festus Keyamo failed to either call any of the experts as witness or prosecute them.

    He held that the Federal Government’s circular, which the appellants were accused of disobeying “stipulates that breach of same shall be met with disciplinary action. This may be in form of administrative action against an officer, who breaches the rules.”

    Justice Fabiyi held that disobeying the directives in the circular marked exhibit P3 “is not made an offence by any Act of the National Assembly or law of a state House of Assembly or even the content of exhibit P3.”

    He held that section 203 of the Criminal Code of Lagos State, on which some of the charges were brought, was not in tune with the provision of section 36 (12) of the Constitution.

    “In view of the constitutional infraction, the entire trial, conviction and sentence of the appellant remain a nullity and must be set aside,” Justice Fabiyi said. The decision in George’s appeal was applied to those of others except Tafida, who raised a separate constitutional issue in his appeal.

    Justice Kumai Bayang Aka’ahs, who read the lead judgment in the appeal by Tafida, marked SC/217/2012, also faulted the trial and conviction of the appellant.

    “Contract splitting, which formed the basis of the offences charged, was unknown to law at the material time. The public procurement Act, which made contract splitting an offence punishable with term of imprisonment was enacted into law by the National Assembly in 2007, long after the appellant had ceased to be members of the NPA.

    “The Act was not made to take retrospective effect. Even if this was the case, it would have been contrary to section 36(8) of the Constitution. Counts 59, 60, 64, 65 and 67 (of the charge) therefore constituted a gross violation of section 36(12) of the Constitution.

  • Corruption: Supreme Court quashes Bode George, five others conviction

    Corruption: Supreme Court quashes Bode George, five others conviction

    Reprieve has come the way of the former Chairman, Board of Directors of the Nigerian Ports Authority (NPA) Chief Olabode George and five former members of the board as the Supreme Court on Friday quashed their conviction, discharged and acquitted them.

    George, Architect Aminu Dabo, Capt. Oluwasegun Abidoye, Alhaji Abdulahi Aminu Tafida, Alhaji Zanna Maidaribe and Engr. Sule Aliyu were on October 26, 2009 convicted and sentenced to 30 months imprisonment by Justice Olubunmi Oyewole of the Lagos High Court, Ikeja.

    They were tried and convicted under Sections 104, 203 and 517 of the Criminal Code Laws of Lagos State 2003 for offences relating to abuse of office, disobedience to lawful order issued by constituted authority and conspiracy to commit offence.

    George and others were said to have exceeded the limit set for their authority to award contracts and contrived to bring the contracts within their limits by splitting them, while also inflating their prices, in the charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    The five-man panel, who heard the six separate appeals filed by the appellants, were unanimous in deciding that George and others were unjustly subjected to trial and convicted.

    The apex court held in the six separate judgments delivered on Friday that not only did the prosecution failed to establish the guilt of the appellants, the law under which the charges were brought were unconstitutional.

    The court held that the offences for which the appellants were convicted were not known to law as at when the offences were reportedly committed.

    Justice John Afolabi Fabiyi, who read the lead judgment in appeal numbered: SC/180/2012 filed by George, observed that even when the prosecution’s evidence showed that all the contracts awarded were “appraised by experts employed by the NPA and that the experts recommended the contractors to which the contracts were awarded, the prosecution led by Festus Keyamo failed to either call any of the experts as witness or prosecute them.

    He held that the Federal Government’s circular, which the appellants were accused of disobeying “stipulates that breach of same shall be met with disciplinary action. This may be in form of administrative action against an officer, who breaches the rules.”

    Justice Fabiyi held that disobeying the directives in the circular marked exhibit P3 “is not made an offence by any Act of the National Assembly or law of a state House of Assembly or even the content of exhibit P3.”

     

  • Bode George, others get verdict Dec. 13

    Bode George, others get verdict Dec. 13

    The Supreme Court will, on December 13, deliver judgement in the appeals filed by a former Chairman, Board of Directors of the Nigerian Ports Authority (NPA), Chief Olabode George, and five others.

    A five-man panel of the court, led by Justice Mahmood Mohammed, chose the date yesterday after the lawyers to the appellants adopted their clients’ briefs of argument they filed separately.

    George, a chieftain of the Peoples Democratic Party (PDP), as well as Abdullahi Tafida, Aminu Dabo, Zanna Maideribe and Sule Aliyu – all former NPA board members – were convicted and sentenced to two years’ imprisonment by the Lagos High Court for the disobedience of lawful orders.

    The Court of Appeal, Lagos, upheld the trial court’s decision. They have since completed their prison terms at the Kirikiri Prisons, Lagos, and returned home.

    A former Minister of Justice, Kanu Agabi (SAN), yesterday adopted the briefs of George, Dabo, Abidoye and Aliyu; Joseph Daudu (SAN) adopted that of Tafida and Olalekan Ojo adopted that of Maideribe. Festus Keyamo adopted those of the state, in response to the appellants’ briefs.

    Agabi urged the court to uphold the appeals and set aside the conviction and sentences passed on George, Dabo, Abidoye and Aliyu.

    He faulted the procedure, which led to their conviction on the ground that the offence for which his clients were convicted was unknown to the nation’s laws.

    The former Attorney-General of the Federation (AGF) argued that the prosecution made the accusation of “intention to defraud” an element of the offence for which his clients were charged.

    He averred that that “by charging a man with an offence that is not in the statute book”, such a charge is null and void.

    Daudu urged the court to uphold his client’s appeal and set aside his conviction and sentence.

    He faulted the process which led to his client’s conviction on three grounds.

    He argued that the disobedience to lawful order, on which basis his client was convicted, was unconstitutional.

    He said Section 203 of the Criminal Code, on which his client was charged, contradicts the provision of Section 36 (8) and (12) of the Constitution, because the offence is not spelt out in any law in the country.

    Daudu also faulted his client’s conviction on the ground that the element of “intention to defraud” was not proved by the prosecution, as required in a criminal trial.

    According to him, his client’s trial before the Lagos High Court was improper because the offences he was charged were those on which only the Federal High Court has jurisdiction.

    The former Nigerian Bar Association (NBA) President averred that the Lagos High Court lacked the subject matter jurisdiction on offences purportedly committed by members of the board of a Federal Government’s establishment whose activities are regulated by laws enacted by the National Assembly.

  • Lagos PDP elders, youths flay Bode George

    Lagos PDP elders, youths flay Bode George

    A former Chairman of the Nigeria Ports Authority (NPA), Chief Olabode George, has come under criticism for allegedly instigating an open letter to the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, against the Chairman, Caretaker Committee of the party in the South West, Chief Ishola Filani.

    Various interest groups and stakeholders, including the Elders Council of the PDP in Lagos State and the zonal youth leadership, have condemned what they termed as “Bode George’s attempt to bring down the roof over his inability to pocket the zonal leadership of the party”.

    In a statement the Chairman of the PDP Elders Council, Dr. Oluyemi Finnih, wondered why George would be undermining the authority of the Filani-led committee appointed by the National Working Committee (NWC) of the party in February”.

    It expressed disgust at “the incessant aggression being perpetrated by the Chief Bode George group of the PDP against the South West Zonal Committee. It is extremely unthinkable that a caretaker committee put in place by the National Working Committee could be subjected to unguarded abuses and harassment by this group of people.

    “ While we endorse the principle of freedom of expression, we also believe that some sense of decorum is very essential.

    “We are pleased that Chief Ishola Filani has given a purposeful leadership to the PDP in the South West since he came into office. We recall that apart from his reconciliatory initiative that has brought relative peace to the party in the zone, the South West PDP, under his leadership, was one of the zones that openly endorsed President Goodluck Jonathan for the 2015 elections.”

    He added: “We note that with the latest decision of the National Executive Committee (NEC) of the PDP to comply with the INEC reports, the Lagos State Executive Committee (Exco) as presently constituted should stand dissolved and a caretaker committee put in place because the same INEC reports affected Lagos and eight other states.”

    In a separate statement, the Zonal Youth Leader, Hon. Bolaji Jeje, described as “mischievous” insinuations by the George group that members of the Caretaker Committee have been barred from contesting elections at the forthcoming zonal congress.

    He said the ban only affected members of the Interim Management Committee of the PDP at the national level who were appointed in acting capacities.

    “First, from inception we were not told that if we took the appointments, we would be precluded from contesting future elections. Again, we were not appointed in acting capacities. Although we were appointed into a caretaker committee, it was in substantive capacities.

    “Also, any attempt to exclude any member of the committee from exercising his right to vote and be voted for would be tantamount to infringing on his fundamental human rights. It is like barring a member of the party, whether appointed or elected into a political office, from contesting future elections.”

    Jeje said it was high time George realised that he was no longer the Deputy National Chairman of the PDP, adding “he is one of the many Board of Trustees (BoT) members of our great party and should know that his role is merely advisory and nothing more. He should learn from the conduct of other BoT members who allow the structures of the party to thrive in their states and zones. He should concentrate his efforts on how to make the PDP win elections in Lagos State – which has eluded us since 1999 under his leadership.”

    He urged all stakeholders to support the Filani-led Exco in order to lead the party in the zone to victory.

    Jeje said the youths in the zone have been mobilised to support President Goodluck Jonathan should he decide to seek re-election in 2015.

  • S’West PDP Youths Slam Bode George

    S’West PDP Youths Slam Bode George

    The former Chairman of the Board of the Nigeria Ports Authority (NPA), Chief Olabode George, has been criticised for “his divisive and self-serving politics” as it relates to the activities of the Chief Ishola Filani-led Caretaker Committee of the Peoples Democratic Party (PDP) in the South West.

    In an open letter to the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, the South West PDP Youth Vanguard, urged the party leadership to call George to order over his “surreptitious moves to throw the party in the zone into another round of fresh crisis”.

    The group frowned at George’s opposition to the decision of the Extra-Ordinary Session of the South West Congress to nominate a replacement for Prince Olagunsoye Oyinlola in accordance with the provisions of Part 7 VII, Section 28, Subsection 3, 4 and 5 of the party’s constitution and the order of the Federal High Court in Suit No. Suit No FHC/ABJ/C8/504/2012.

    In the 15th July, 2013 letter, which was signed by the President and Secretary of the group, Alhaji Akeem Salami and Mr. Kayode Joseph, the group wondered “how Bode George succeeded in snatching a position zone to Osun State by single-handedly facilitating the appointment of one Dr. Remi Akintoye from Lagos State as acting National Secretary of PDP.”

    “In a saner clime, someone like Bode George, an ex-convict, is supposed to take the back seat. Or is it not said that those who live in glass houses shouldn’t throw stones? One would have thought that given his recent experiences, Chief George would be more circumspect in his dealings. It is high time he knew that public institutions and organisations are not to be treated as personal estates where one sits in the comfort of his house or office to call the shots.

    “If nothing else, his odyssey over the contract inflation and splitting at the Nigerian Ports Authority (NPA) should have at least made him more temperate. Whereas elsewhere, those who have had similar experiences as theirs draw useful lessons that guide them all through life, ours is the exact opposite. And like someone said it does speak to the reformative nature of our penitentiary system,” the letter read in part.

    The group, however, commended one of the leaders of the party in the zone, Prince Buruji Kashamu, “for his selfless efforts at re-positioning the party in the zone.”

    It urged the national leadership of the party “to identify, empower and encourage such leaders of the party across the length and breadth of the country; not serial losers.”

  • George’s plot for leadership unsettles South West PDP

    After a long silence in the affairs of the Peoples Democratic Party (PDP) in the South West, one of its chieftains, Chief Olabode George, appears to be steadily worming his way back to reckoning even as his opponents are kicking against his moves, reports Remi Adelowo

    Former Deputy National Chairman of the Peoples Democratic Party (PDP), Chief Olabode George, seems to have rediscovered his swagger in recent times.

    For about two years after he served his jail term at the Kirikiri Maximum Prisons in Lagos, following his conviction by a Lagos High Court for abuse of office as the former Chairman of the Nigeria Ports Authority (NPA), the retired Navy Commodore has not really been his usual boisterous self.

    In between this period, his comments on his party, which are quite few and far between, are usually measured and subdued.

    George’s stance, it was learnt, was a strategy to reintegrate himself back into the party and avoid unnecessary controversies.

    That strategy seems to be paying off, if George’s recent activities in the party are anything to go by.

    At the recent mid-term and reconcilition dinner hosted by President Goodluck Jonathan at the Banquet Hall inside the Presidential Villa, Abuja, George, who was one of the party chieftains present, made his presence felt.

    His vivacious mood was a sharp contrast to that of the former National Secretary of the PDP, Prince Olagunsoye Oyinlola, who sat transfixed to his seat while the event lasted.

    Several days later, during the meeting of the highest decision making organ of PDP, National Executive Council (NEC) held at its national headquarters in Abuja, sources disclosed that George played what was considered a masterstroke when he proposed that a vote of confidence be passed on President Goodluck Jonathan, a suggestion that was quickly approved by the party’s National Chairman, Alhaji Bamanga Tukur.

    However, the task of raising the motion was handed over to the former Deputy President of the Senate, Alhaji Ibrahim Mantu.

    The Nation gathered that the initial plan was for George to handle the task, but that was shelved for what our source called ‘obvious reasons’.

    With this move, sources revealed that George further warmed his way into the hearts of the party leadership and the president.

    Back in Lagos, the PDP chieftain quickly convened a meeting of his party stakeholders in the South West at his Ikoyi residence to deliberate on germane issues affecting the party in the South West zone.

    Some of these issues include the gradual but steadily declining fortunes of the party in the zone; the intra-party crisis among key members and preparations for the 2015 general elections, to mention but a few.

    Present at the closed-door meeting were members from all the South West states.

    They include three former governors-Gbenga Daniel (Ogun) and Adebayo Alao-Akala (Oyo) and Ayodele Fayose (Ekiti). Others are former Minister of Works, Adeseye Ogunlewe; member, PDP Board of Trustees, Alhaji Shuab Oyedokun; two former senators, Iyiola Omisore and Ayo Arise; a governorship aspirant in Ekiti State, Dayo Adeyeye; the party’s Lagos governorship candidate in the 2011 general electons, Dr. Ade Dosunmu, amongst others.

    At the end of the almost three-hour meeting, some of the resolutions reached include the urgent need to start preparations for the 2014 governorship elections coming up in Ekiti and Osun States respectively; nomination of two candidates that would be elected into the positions of the National Secretary and National Auditor, hitherto occupied by Olagunsoye Oyinlola and Bode Mustapha respectively at the next mini-convention of the party.

    The meeting also reached a consensus that more subtle and concerted pressure be put on the president to appoint more indigenes of the South West into key federal appointments.

    Those present at the meeting, according to sources, were allegedly of the opinion that one of the major reasons why the PDP has suffered in the South West is the lack of federal patronage for members. Appointment of PDP members to strategic federal positions, they reasoned, will correct this anomaly.

    Expectedly, it was not long before the meeting convened by George began to attract crticisms from other stakeholders in the party.

    First to react was the interim National Vice Chairman of the party in the South West, Chief Ishola Filani, who reportedly questioned George’s locus standi to call the meeting without his (Filani’s) approval.

    Sources revealed that so peeved was Filani by George’s action that he allegedly considered making a formal report on the issue to the party’s National Chairman, but was prevailed upon to stay action following hints he received that George may not have acted without the tacit support of the national leadership of the party and the Presidency.

    The Nation gathered that Filani’s fear stemmed from the fact that George may take over the control of the party in the South West and render him virtually irrelevant in the scheme of things.

    But from all indications, Filani may eventually lose out in the battle for the control of South West with George.

    Findings revealed most prominent members of the party in the zone have refused to defer to Filani’s authority based on the premise that he lacks the stature to lead and pull the party together at this critical period.

    Other sources revealed that these members are also aware of George’s closeness with the powers-that-be, a factor they reckon will come in handy in the fulfilment of their political ambition in the next dispensation.

    A pointer to this notion is the presence of Adeyeye, Dosunmu and Omisore, all of whom will be contesting for the PDP governorship tickets in Ekiti, Lagos and Osun states respectively at the meeting hosted by George a few weeks ago.

    For Gbenga Daniel and Akala, who were also at the meeting, there are also strong indications that they are warming up to contest for the Senate in their respective states in 2015.

    In the case of a former Minister of Sports, Professor Taoheed Adedoja, who was also visible at the meeting, his name is being bandied as a contender for the position of the PDP National Secretary, which is currently vacant.

    But not all PDP stakeholders in the South West are ready to bow to George’s leadership willynilly.

    Some of these people are members loyal to ex-president, Chief Olusegun Obasanjo, who appears to have lost out in the power game in the party.

    The likes of Oyinlola, former National Vice Chairman of the party in the South West, Engr. Olusegun Oni and the party’s governorship candidate in the 2007 general elections, Ambassador Musiliu Obanikoro, were believed to have shunned the meeting at George’s residence apparently in solidarity with Obasanjo.

    Another source however revealed that George’s recent activities in the party may be a clever ploy to preempt an alleged plan by the Presidency to handover the structures of the PDP to the Ondo State Governor, Dr. Olusegun Mimiko.

    Though a member of the Labour Party (LP), Mimiko’s closeness to the Presidency has fuelled speculations in the last few months that he is being prevailed upon to return to PDP and spearhead the president’s alleged re-election campaign in the South West.

    Within the president’s kitchen cabinet, sources disclosed that majority of the members are in support of the ‘Bring Mimiko back to PDP’ project.

    Their argument is that George has a moral burden hanging on his neck; a factor they believe could negatively affect the fortunes of the party at the polls.

    But in the meantime, Chief Olabode Ibiyinka George appears to be back in charge of South West PDP. How long this would last remains a matter for conjecture.