The Court of Appeal in Lagos on Monday reserved judgment in the appeal by the former Chairman of the Nigerian Ports Authority, Chief Olabode George and five others.
Three Justices of the Court of Appeal led by Justice Clara Ogunbiyi had adjourned the matter indefinitely, following the conclusion of adoption of briefs of arguments by the lawyers to the parties.
The appellate court added that the date of the judgment would be communicated to the parties accordingly.
Justice Joseph Oyewole of a Lagos High Court in Ikeja had on July 26, 2009, convicted George and five others and sentenced them to two-year jail term without an option fine.
The other convicts are the Managing Director of the NPA, Aminu Dabo, O. Abidoye, Abdullahi Tafida, Zanna Maidaribe and Sule Aliyu.
The Economic and Financial Crimes Commission had prosecuted the convicts just as Justice Oyewole found them guilty of corrupt practices, contract splitting and willful disobedience to constituted authority.
But the convicts had appealed against the decision of the lower court and urged the appellate court to set aside their conviction.
Lawyer to George, Chief Tunji Ayanlaja(SAN), had in his submission, urged the court to allow his client’s appeal on the grounds that it was only the Lagos State Attorney-General that had power to prosecute the convicts while they were charged under the criminal code of Lagos State.
The senior advocate said, “ The lower court having discharged the appellants on counts one to seven, other counts in the charge falls under the criminal code of Lagos State, as Section 174 of the 1999 Constitution only allows the Attorney-General of the Federation to prosecute offenders in respect of offences created by an act of the National Assembly”.
Ayanlaja also claimed that since what was alleged to have been misappropriated or splitted were properties of the Federal Government, the idea of prosecuting the appellant under the Lagos State Criminal Code was improper.
Lawyers to the other appellants also aligned with Ayanlaja’s submission, asking the court to allow the appeal and set aside the judgment of the lower court.
But the EFCC’s lawyer, Mr. Festus Keyamo, had in his argument, urged the appellate court to take a judicial notice of the fact that it was too late for the appellants to complain about any defect in their arraignment.
Keyamo said, “Where there is an objection regarding defect in the face of the charge, it must be raised before plea is taken”.
The EFCC’s lawyer also faulted the argument of Ayanlaja that the Federal Government could not prosecute under the Criminal Procedure Law of Lagos State, saying that the position was contrary to the law of the land.
Keyamo added that emphasis should be placed on where the offence was committed and not the status or portfolio of the convict.
Source:http://www.punchng.com/Articl.aspx?theartic=Art201010265473185
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