Supreme Court to Rule on Bode George’s Appeal December 13

The Supreme Court will on December 13, deliver judgment in an appeal
filed by a chieftain of the Peoples Democratic Party (PDP), Chief Bode
George, challenging his conviction by a Lagos State High Court in
2009.
George and former directors of the Nigeria Ports Authority (NPA),
including Alhaji Aminu Dabo, Captain Oluwasegun Abidoye, Alhaji
Abdulahi Aminu Tafida, Alhaji Zanna Maidaribe and Mr. Sule Aliyu, were
convicted for offences bordering on corruption, inflation of contracts
and contracts splitting.
Counsel to George and the others, Kanu Agabi (SAN), and Joseph Daudu
(SAN), told a panel of the Supreme Court presided by Justice Tanko
Mohammed that their clients were wrongfully convicted.
They argued that the Lagos State High Court lacked the jurisdiction to
try their clients.
"The Lagos State High Court has no jurisdiction over the offences, the
appropriate court to have gone to would have been the FHC, the NPA
being an institution created by a statute of the National Assembly.
"I urge your lordships to hold that the trial should have been before
a FHC, that having not done so, the entire proceeding is a nullity".
"It is a complete no trial – I urge your lordships to hold that, apart
from the fact that the Court of Appeal did not consider the issue of
constitutionality, the entire trial was a breach of the Nigerian
constitution.
"The nature of the disobedience of a lawful order must be criminalised
by the National Assembly.
"If the main offences were not proved, there is no way conspiracy
could have been proved," Daudu added.
Also, Agabi said: "The witnesses testimony was favourable to the
appellants, the witnesses said those orders, if obeyed, would have led
to the collapse of the ports.
"The witnesses said if the contracts were split at all they were split
at another level.
"But the respondent dismissed the evidence of these witnesses.
"The allegation of splitting contracts was not proved."
Counsel to the EFCC, Festus Keyamo, asked the court to dismiss the appeal.
He said they were convicted for disobedience of lawful orders, and not
splitting of contracts. Keyamo also argued that the Lagos State High
Court had the jurisdiction to try the offences, saying that they were
committed within the territory of the court.