CONVICTED former chairman of the Nigerian Ports Authority (NPA), Chief Olabode George and five others sentenced along with him are to remain in prison as their bail applications were on Monday, dismissed by Justice Olubunmi Oyewole at the Criminal Division of the Lagos High Court sitting in Ikeja.

The bail was rejected by the court on the grounds that the applicants failed to place sufficient materials before the court to sway it to exercise discretion in their favour.

The convicts had, on October 30, filed the applications, “motion on notice” dated October 28, 2009 for accelerated hearing of the matter, “brought pursuant to section 10 and 51 of the high court of Lagos State Law 2003 and under the inherent jurisdiction of this honourable court.”

George; Aminu Dabo; Olusegun Abidoye; Abdullahi Aminu Tafida, Zanna Maidaribe and Sule Aliyu, are currently serving their two years jail terms in Kirikiri Maximum prison.

They were, on September 26, found guilty of some charges levelled against them by the EFCC over offences committed while serving on the board of the NPA, and sentenced by the court.

Chief George, according to a sworn affidavit filed before the court, was seeking bail on health grounds, claiming “hypertensive with arthritis” The applicants also sought bail on the grounds of alleged congestion at the Court of Appeal, which they argued could delay the hearing of their appeal.

In his ruling after listening to the submissions of the counsel, Justice Oyewole held that “the applications failed and are consequently dismissed.”

The court said that the applications failed because the applicants failed to submit sufficient materials to prove that they were suffering from health problems.

“There must be sufficient evidence from a specialist in that particular field of medicine, to grant bail on medical grounds,” the judge said. On the issue of delay in hearing the appeal at the appellate court, the trial judge said that “I will not comment on the likelihood of the duration of the appeal.”

The court also discountenanced the issue of preliminary objection to the competence of the motion, based on alleged conflict in signature on affidavits by counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Festus Keyamo.

Justice Oyewole ruled that it amounted to technicalities and mere academic exercise which had no bearing on the merit or demerit of the case. In his final submission, the judge said “I have considered the application for bail pending appeal and submissions of the counsel.

“The ruling shall encompass the entire lot because of the similarity in the applications (of the six counsel). Meanwhile a former Attorney-General of the Federation, Kanu Agabi, SAN, as well as Lateef Fagbemi, SAN, have joined the defence team of Chief George.

http://www.tribune.com.ng/10112009/news/news1.html

we know already.