Reprieve came the way of convicted former Chairman of the Board of Directors of the Nigeria Ports Authority, NPA, and chieftain of the Peoples Democratic Party, PDP, Chief Olabode George, as the Supreme Court, yesterday, voided the two years jail term which he (George) served after being convicted for fraud by a Lagos High Court on October 26, 2009. The apex court said Chief George was tried under a law that did not exist at the time he served as board member.

A five-man panel of the court, in a unanimous judgement, maintained that as at the time the Economic and Financial Crimes Commission, EFCC, charged the former NPA boss to court, the offence of ‘’contract splitting,’’ was not known to any Nigerian law.

The Court stressed that the Public Procurement Act which made contract splitting an offence punishable with a term of imprisonment, was by the National Assembly in 2007, long after the appellant had ceased to be a member of the NPA.

’’The Act was not made to take retroactive effect. Even if this was the case, it would have been contrary to Section 36( of the 1999 Constitution,” the court held.

Bode George on his arrival at the Cathedral Church Of Christ Marina Lagos yesterday .
Bode George .
Whereas Justice John Afolabi Fabiyi delivered the lead judgment in the appeal by the ex-NPA Chairman, Justice Kumai Bayang Aka’ahs delivered two other separate judgments that equally discharged and acquitted other board members of the NPA who were prosecuted and jailed with George.

“It has been established that the case of the respondent rests on shifting sand. The charges framed against the appellant in respect of splitting of contracts and disobedience of guidelines in Exhibits P3 is unknown to any written law at the material time. They rest on nothing in the face of the provisions of Section 36( and (12) of the 1999 Constitution. They cannot stand as they fall flat.

“And to cap it, the prosecution laced the extant charges with intention to defraud, an extra element of the charge which was not proved beyond reasonable doubt. It was a complete mistrial by the lower courts. I must stop here as nothing useful will be served in moving forward in respect of other issues.

“The appeal is allowed as same is, no doubt, meritorious. The judgment of the court below is accordingly set aside. The appellant is hereby acquitted and discharged forthwith,” the court stated.
Among those equally freed by the court were former Managing Director of the NPA, Mr Aminu Dabo, Alhaji Abdullahi Aminu Tafida, Captain Oluwasegun Abidoye, Alhaji Zanna Maidaribe and Mr. Sule Aliyu.

All of them were members of the NPA board from 2001 to 2003 when it was dissolved by former President Olusegun Obasanjo who also gave the EFCC the nod to prosecute them following allegation that they not only exceeded the limit set for the board to award contracts, but also conspired to bring the contracts within the limit of the board by splitting them and inflating their prices.

Sequel to the testimony of 10 witnesses and proof of evidence that was adduced against the accused persons by the EFCC, the Lagos High Court, found them guilty of conspiracy to disobey lawful order and abuse of office contrary to sections 203 and 104 of the Criminal Code.

Accordingly, the lower court sentenced each of them to two years imprisonment without an option of fine.

Dissatisfied with the verdict, the accused persons, took the case before the Lagos Division of the Court of Appeal, which on January 21, 2011, dismissed the appeal, pointing out that the prosecution, did not need to prove intention to defraud before the conviction of the appellants could be sustained.

Still not happy with the decision of the appellate court, the accused persons, approached the Supreme Court and contended that the essential ingredients of the offences alleged by the EFCC, not having been proved, they were entitled to be acquitted, which the apex court upheld.

Other justices that concurred with the lead judgement were Mahmud Mohammed, Muhammad Saifullahi Muntaka-Coomassie and Justice Nwali Sylvester Ngwuta.

In his verdict, Justice Aka’ahs, further struck out Sections 104 and 203 of the Criminal Code, saying it was at variance with Section 36(12) of the Constitution and therefore unconstitutional , null and void.

“The charge filed under Sections 104 for abuse of office, 204 for disobedience to lawful order and 517 for conspiracy to disobey lawful order ostensibly for contract splitting in disobedience of lawful order by constituted authority cannot stand.

“The interpretation of a penal legislation or any statute for that matter should not be left to the whims and caprices of the judge called upon to interpret the legislation. Any conduct which carries a sanction of imprisonment must be expressly stated in a written law and not left to conjecture or inference by the court.

“In view of the fact that the various counts in the charge sheet were based on the splitting of contracts which was not an offence until 2007, the trial and conviction of the appellant for actions taken between 2001 – 2003 cannot stand. The said trial and conviction is declared a nullity.

“The conviction of the appellants by the lower court which was affirmed…is hereby set aside. The appellants are hereby set free,” the court added.

According to the Justices, this was even as there was no evidence that the appellants derived any benefit from what the NPA board did, “The evidence adduced on behalf of the prosecution is to effect that the contracts awarded were appraised by experts employed by the Authority who also recommended the contractors.

“None of the experts was interviewed during investigation nor called to testify; neither were they charged with any of the alleged offences. All the counts upon which the appellants were found guilty alleged that they committed same with intent to defraud the Authority. There was no evidence that the appellants derived any benefit from what the Board did.

“The law was not made with retroactive effect. It could not have been so in the face of the clear provision of Section 36 ( of the 1999 Constitution. This court, as the guardian of the Constitution, will not allow such to happen.
“In view of the constitutional infraction, the entire trial, conviction and sentence of the appellants remain a nullity and must be set aside, ” the court added.

Meanwhile, human rights lawyer, Bamidele Aturu has expressed dissatisfaction over the decision of the apex court saying it will encourage corruption and demobilised the anti-corruption crusaders in the country.

‘’It is a sad day for Nigerians and democracy. My position is that while I respect the position of the apex court, I absolutely disagree with it. It is going to encourage corruption, it is going to license public officers to steal with impunity, it is going to send a very wrong signals to the world on our fight against corruption and it is going to demobilised the anti-corruption crusaders.”

He added: “I am not sure the Supreme court considered the decision very well. They argued it is based on technicalities but we cannot allow technicalities to surpass moral rectitude.

Nigerians have a right to criticize it. It is really a sad day.”

However, Professor Pat Utomi in his own submission opined that what is important is that the rule of law should be allowed to flourish.

According to the management expert: “The legal process has gone through, I don’t have any issue against it, the important thing is for the system to work. Yes the fight against corruption needs to be waged but if somebody is convicted incorrectly, the fight against corruption does not mean you should send an innocent person to jail. The important thing is that the rule of law works.”
http://www.vanguardngr.com/npa-contract-scam-s-court-acquits-bode-george-5-ex-convicts/

Supreme Court? that place isn't worth more than supreme ice cream these days. was that not the same court which declared rivers a war zone and at the same time upheld an election held? was that not the same court that was seeing wike at midnights? Nonsense!

ddippset:
Supreme Court? that place isn't worth more than supreme ice cream these days. was that not the same court which declared rivers a war zone and at the same time upheld an election held? was that not the same court that was seeing wike at midnights? Nonsense!

Go and take over from them, since you know better.

When will the spotlight be turned on this supreme Court?
Most of them were never known for excellence or activism so It is not surprising that they have been making motor Park rulings.
Just by looking at the names, you can tell there is nothing honourable or supreme about this lot.

Chief Justice Mahmud Mohammed
Associate Justice Walter Samuel Nkanu Onnoghen
Associate Justice Ibrahim Tanko Muhammad
Associate Justice Muntaka Connmassie
Associate Justice John Afolabi Fabiyi
Associate Justice Bode Rhodes-Vivour
Associate Justice Nwali Sylvester Ngwuta
Associate Justice Mary Odili
Associate Justice Olukayode Ariwoola
Associate Justice Musa Datijo Muhammad
Associate Justice Clara Bata Ogunbiyi
Associate Justice Kumai Bayang Akaahs
Associate Justice Kudirat Motonmori Olatokunbo
Associate Justice John I. Okoro
Associate Justice Chima Centus Nweze

This is a 2013 news. What purpose does this serve ?

I love diz Supreme court guys.

Dey abide by d LAW no matter how unpopular it may be.

What remains now is dat our legislatures amend our LAWS to suit d presence realities.

This story has a lot of resemblance with "saraki's" travails

Any judicial 'egghead' thats says old uncle Bode did not steal money should be repatriated back to kindergarten asap. Even the fowls of oduduwaland knew this man monetary-escapades back in his days as chair of npa.

ddippset:
Supreme Court? that place isn't worth more than supreme ice cream these days. was that not the same court which declared rivers a war zone and at the same time upheld an election held? was that not the same court that was seeing wike at midnights? Nonsense!

Some people think Supreme court is a local gathering where facts and evidence aren't taken but accuse base on what people know. Read the full story well. You imprison someone base on a law that doesn't exist? Even if Bode George is a thief, you don't disobey law just because you are finding all means to jail him.

Those elections cases were won by PDP because you can't judge a case in Lagos, Oyo and Kebbi that is against card reader and judge a case in Rivers, Akwa Ibom, Delta and Abia in favour of card reader when the states are under one Law and guided by one constitution. To me those judges both in Tribunal and Appeal ought to be sanction for bias.