21st January, 2011
Barely a month to the end of his jail term, the former Chairman, Nigeria Port Authority, NPA, Chief Olabode George, and his co-convicts serving a two-year jail sentence, have lost in their bid to overturn their sentences as the Appeal Court in Lagos, South West Nigeria, this morning affirmed the verdict of the trial court.
The lead judgment read by Justice Clara Ogunbiyi, which was also in agreement with the verdict of the other two judges, Raphael Agbe and Adamu Juro, all the four issues canvassed were resolved against them.
On the issue of jurisdiction, the appellate court said the matter could have been raised at the trial court and the Attorney-General of the Federation had to delegate his power to any lawyer to prosecute any case.
On the second issue of disobedience of lawful order, whereby the appellants contended that the order was a mere guideline from the Minister of Transport,  the court held that in perusing the record of the trial,it was clearly shown that the directive from the minister emanated from the decision taken by the Federal Executive Council meeting. Therefore, it was not a mere administrative order.
On the issue of conspiracy, the appellate court said it was clear before the trial court that board meetings were held by the convicts where decisions were taken to split contracts. Therefore, the convicts are liable.
On the excuse given for their disobedience of a lawful order, the court said the Bode George-led board of the NPA could not have been more concerned about the affairs of the NPA than the president.
The convicts had pleaded that if they had followed the directive, the activities of the port would have been grounded.
In conclusion, the court said: “In totality, the court lacked merit and is hereby dismissed.â€
The Court of Appeal affirmed the judgment of the High Court.
Bode George and other members of the NPA board were jailed for multiple fraud by Justice Olubunmi Oyewole on 26 October, 2009.
— Akin Kuponiyi
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