Regains freedom Feb 26

BY ABDULWAHAB ABDULAH
As family, friends and well wishers of the former Deputy National Chairman of the Peoples Democratic Party, PDP, Chief Olabode George, await his return on completion of his prison term on Saturday February 26, Vanguard can exclusively report that the politician regretted how some of his friends deserted him while serving his jail term.

Bode George

Although, there was no dull moment during his stay in the prison, the sentence afforded him the opportunity to realise how a political leader, like himself, can easily land in trouble.

THOSE charged with Chief Olabode George and Arc. Aminu Dabo were Captain O. Abidoye, Alhaji Abdulahi Aminu Tafida, Alhaji Zanna Maidaribe and Engr. Sule Aliyu who were joined as 6th defendant after the charge was amended.

Vanguard can also report that the prison authorities are in a dilemma about how to release the former Managing Director of the Nigerian Ports Authority, NPA, Arc. Aminu Dabo, who has been hospitalized at the Lagos University Teaching Hospital, LUTH, Lagos, after the expiration of his jail term.

Vanguard gathered that Dabo, the former MD of the NPA, took ill shortly after he was admitted as an inmate at the Kirikiri prison, where he was serving a two year jail term over offences bordering on conspiracy and disobedience to lawful order. It was gathered that when his sickness was unbearable for the authority, he was moved to LUTH, where informed sources say he was diagnosed of having prostrate cancer.

Plans towards release
Already, the stage is set for Chief George to be given a rousing welcome by his admirers, who are said to have missed his midas touch in the politics of the south-west region.

Narrating his experience to a close source, he thanked God for what has happened and for sparing his life, maintaining that, the jail term has afforded him the opportunity to appreciate what life is all about.

According to the source, BG as he’s fondly called, said the trial and the sentences by the court afforded him opportunity “to appreciate those who really love me and what people can do in your absence, especially when you are in trial.”

The politician, it was learnt was surprised that some of those expected to stand by him, while his trial lasted were part of those who despised him. Maintaining that his trial and subsequent conviction was political, BG, who is also referred to as Lagos boy was ready to reunite with his family, friends, well wishers and party faithful.

Always in high spirit
One of his supporters and close confidant, who preferred anonymity, told Vanguard, “Chief has accepted his fate and regards his trial as one of those prices to be paid by leaders in his shoes. While in prison, he has always kept himself busy reading and writing.

There are all kinds of books he reads to keep himself busy when he is not having visitors and he is always in high spirits which is very good for his health. He has never for once fallen sick , that is why he does not visit hospitals very often because of his good frame of mind, which may be different from those serving jail terms with him.

“I want you to also know that he was a military man and he was once a commander in the Nigerian Navy. All that has happened to him is a price of leadership. He is ready to be with us and continue leading us in the PDP,” the source said.

Welcome plans
Already, preparations are in top gear as the PDP has mapped out some events to welcome him back and rejuvenate the party’s ongoing electioneering programmes. It is expected that he would be led in a motorcade right from the prisons to the Cathedral Church Marina for prayers at noon.

It would be recalled that his trial and that of others started precisely on August 15, 2008, when he, with four others, including the former Managing Director of the NPA, Arc. Dabo were arraigned before Justice Joseph Oyewole on a 163 count charge of conspiracy, disobedience to lawful order, alleged inflation of contracts and contracts splitting. After the commencement of the case, the Economic and Financial Crimes Commission, EFCC, prosecuting the case amended the 164 count-charge, reducing it into only 63 around the same category of offences.

Charge, trial and conviction
The trial court delivered its judgment on Monday, October 26, 2009.  Bode George who was sentenced to two-year jail term alongside some members of the Board of the NPA by Justice Oyewole was arraigned by the  EFCC on August 8, 2008 and accused on a 163-count charge that bordered on alleged abuse of office and award of about N100bn contracts without due process.

The arraignment had followed investigations conducted by the EFCC under Malam Nuhu Ribadu. But they all pleaded not guilty. However, on October 24, 2008, the EFCC reduced the charges to 68.

The convicts were said to have inflated the contract prices contrary to Section 22 (3) of the Corrupt Practices and Other Related Offences Act, 2000. In the judgment, Justice Oyewole held that the EFCC proved beyond reasonable doubt that George, a former Deputy National Chairman of the Peoples Democratic Party, abused his office.

He faulted the argument by the lawyers to the convicts — Mr. Joe Gadzama, Mr. Tunji Ayanlaja, and Mr. Dele Adesina — that individual actions and criminal liability for corporate conduct were not close.

Oyewole in part of the judgment held that “the corporate shield for personal criminal liability is no longer impregnable. Apart from the fact that the individual director could be held personally liable for criminal infractions personally committed by him in office, where the conduct was attributed to the company he acted for, the corporate veil could be lifted and where he is identified as the directing mind of the corporate entity, he could face penal sanctions.

“Whereas the penalty on conviction for corporate bodies used to be simply fines, there is a shift especially concerning serious offences that go beyond regulatory matters, for directing minds of the corporate entity to be identified and made to serve prison terms while the company as an entity is fined.”

The convicts were said to have inflated the price of the contract awarded to Kalmer West Africa Limited for the rehabilitation of accidented Kalmar Container Handler from €215,555.52 (being the prevailing price at the time of the award of the contract) to €269,965.71.

Oyewole said, “In the circumstances, I hold that the defendants as persons who served as directors of a public corporation, the NPA, are properly before the court in that capacity and are consequently public officers within the contemplation of the Corrupt Practices and Other Related Offences Act.

“I, therefore, hold that the defendants could be competently tried and if found guilty convicted for any alleged criminal infraction said to have been committed by them while serving as directors of the NPA.

“As appointees of the President of Nigeria, the defendants are subject to his direct and indirect authority. The authority behind the circular exhibit P3 extends not only to the President but ultimately to the constitution of the Federal Republic of Nigeria. The defendants cannot claim to be more Catholic than the Pope.

“While infallibility is beyond any man, the overall mandate to administer the polity, including the NPA, is that of the President and where government functionaries are at liberty to apply or reject government policies as they so will, anarchy would ensue. Such is a manifestation of a failed state.”

After his conviction, George and the other convicts headed to the Court of Appeal to review their conviction and subsequently set them free. But to their surprise, they lost in their bid to overturn their sentences as the Appeal Court in Lagos, upheld 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.

However, almost two years into the official prison jail term, they are warming up to reunite with their families. As for Chief Bode George, “it was a trial for a political leader.” He is ready to join his friends and political supporters in the political terrain, especially when the campaign for the 2011 poll is at hand.

He was able to unite and enjoy the support of his political supporters while he was in prison to the extent that his favourable candidates won the primaries of his party and are ready to battle with the ruling Action Congress of Nigeria, ACN in Lagos state in particular.