Date Published: 05/07/10

Again, Appeal Court Rejects Bode George’s Post Conviction Bail Request

Bode George

The attempt by the former deputy national chairman of the ruling Peoples Democratic Party, Chief Olabode George and five other convicted former members of the board of the Nigerian Ports Authority, NPA to secure a post conviction bail reprieve at the Court of Appeal suffered another setback this morning as the  appellate court rejected their bail application.

The appellants had in separate applications, brought pursuant to Order 7, Rule 1 and Order 16 Rule 13 of the Court of Appeal as well as Section 28 [1] [2] and 3 of the Court of Appeal Act, 2004, asked the court to grant them bail pending the determination of their appeal. 
But, in unanimous ruling, the appellate court justices, namely Justice Clara Bata-Ogunbiyi, (Presiding), Justice Hussein Mukhtar, and Justice Gana Mshelia held that to grant their request for bail would be to set a bad precedent and amount to throwing the prison gates open. 
In her lead judgment, Justice Ogunbiyi held that assumptions of innocence no longer apply to the appellants adding that none of the convicts has been refused medical treatments outside the prison. The court held that it can not guarantee that the appellants seeking leave to travel abroad for medical treatment would come back to the country if they are allowed to do so. 
The Court however assured of speedy hearing of their appeal.

Besides, the court admonished Bode George and others to stop seeking bail having been convicted by a competent court and deploy their energies to the substantial applications. 
Meanwhile, the court granted leave to all the appellants to argue additional grounds of appeal which border on the powers of the Attorney-General of the Federation to file charges based on offences under the law of Lagos State. 
This morning’s ruling was the second time that the Appeal Court would turn down the convicts’ request for bail. The same court had early this year thrown out the bail application of George and others for lack of merit. But dissatisfied with the ruling, the convicts approached the court again, requesting for the constitution of a new panel to hear the application pending the determination of their appeal challenging their conviction by the Lagos High Court.

The applications, which were consolidated, were based on similar grounds. The convicts argued that if they are not granted bail, they could have served their jail terms before their appeal is determined because the appellate court is already congested with so many pending appeals.  

Besides, they contended that their notices of appeal have substantial and arguable grounds of appeal. They also sought bail on health grounds, saying they are not well enough to pursue their appeals from prison. 

Chief George’s lead counsel, Chief Tunji Ayanlaja, SAN, had in a motion supported by an 18 paragraph affidavit, hinged his request for bail on behalf of the 1 st appellant, on two grounds; previous ruling of the Court of Appeal refusing the applicant bail and the amended notice of appeal of the applicant raising the issue of jurisdiction of the Attorney General of the Federation to prosecute the applicant. He claims that the AGF did not secure the fiat of the Lagos State Attorney General and Commissioner for Justice to prosecute the case.

 According to him, the issue of jurisdiction constitutes an exceptional ground of appeal.  Apart from that, he said delay in considering the appeal could deny his client the benefit of appeal, where he remains in prison. He pointed out that his client had spent seven months out of the 18 months that make two years in prison’s calendar and that if the appeal succeeds, his client would have served the jail term in vain. He equally told the court that his client’s health was failing and needed bail to enable him seek medical attention in Saudi Arabia. He [presented a medical report from the Lagos University Teaching Hospital, LUTH to authenticate his claim.

Mr. Dele Adesina, SAN counsel to the 2 nd Applicant, aligned himself with the submission of Ayanlaja. In addition, he urged the court to grant his client bail on compassionate grounds because he was seriously ill and on admission at the Lagos University Teaching Hospital (LUTH). He tendered a medical report from the hospital to buttress his claims

Counsel to the 3 rd Applicant also told the court that his client was ill and that he had a major surgery 10 years ago and, at present, suffers from hypertension and diabetes. If not granted bail, he said his client might die in prison custody.

But Keyamo opposed all the grounds saying that the defence counsel was looking for excuses to free the appellants.

Before the ruling,

The rejection of the bail request now clears the way for the consideration of the substantive appeal by the court.

Chief George and five others were on October 26, 2009 sentenced to two and half years imprisonment by the Lagos High Court having been found guilty of abuse of office, disobedience of lawful order and conspiracy to commit an offence in the N100billion NPA scam. The others are: Aminu Dabo, Oluwasegun Abidoye, Abdullahi Tafida, Zanna Maideribe and Sule Aliyu.

The lower court had, on November 9, 2009 refused their post-conviction bail request, a ruling the convicts appealed.

Chief George is challenging the ruling at the Court of Appeal. The same court had earlier dismissed his post conviction bail request for lack of merit.

Femi Babafemi

Head, Media & Publicity

7/5/2010