Reasons
Why
Chief
Bode George
Should Be Congratulated
Contents
Page 1 Of 4 ………………………………..Basic Facts Of The Case
Page 2 Of 4……………………………….Legal
Meaning Of Discharged And Acquitted Verdict Of Chief Bode George
Page 3 Of 4……………………..The Call For
Congratulations
Page 4 Of 4 ………………………………Advice And Conclusion
Page 1 of 4
Basic Facts Of The Case
There are plausible reasons why
Chief Bode George should be congratulated and celebrated in view of his
uncommon heavenly favour from God, and unexpected void of contract splitting
allegations leveled against him by The Economic and Financial Crime Commission.
The pronouncement of Honourable
Justice Afolabi Fabiyi (JSC) to the effect that the unsubstantiated contract
splitting allegation leveled against him by the EFCC is not known to the
Nigerian Laws has a lot of impacts in the political and social dignity of Chief
Bode George.
The prosecutor of The Economic and
Financial Crime Commission failed woefully to demonstrate before the court how
Chief Bode George had an intention to defraud the Nigerian Port Authority when
the court said;
“I must state in clear terms that
I fail to see how intention to defraud was proved as affirmed by the court
below. In reality, it was not proved. It was not proved herein, the
prosecution`s (EFCC) case must fail. It has been established that the case of
the respondent (EFCC) rest on shifting sand.”
As a result of the above among other cogent
legal reasons adduced by The Apex Court Of The Land, Chief Bode George was
discharged and acquitted of any wrong doing when the court said;
“And to cap it, the prosecution
(EFCC) laced the extent charges with intention to defraud, an extra element of
the charge which was not proved beyond reasonable doubt.
The judgment of the lower court
is accordingly set aside. The appellant (Chief Bode George) is hereby acquitted
and discharged forthwith.”
Page 2 of 4
Legal Meaning of Discharged and
Acquitted Verdict of Chief Bode George
It has been on record that
on 26th of October, 2009, Honourble Justice Joseph Olubunmi Oyewole of the
Lagos State High Court sent Chief Olabode George to Kirikiri Maximum Prison for
30 months for offences ranges from contract splitting, disobedience of lawful
order and abuse of office among other things.
On 21st of
January, 2011, Chief Olabode George appealed before Honourable Justice Clara
Banta Ogunbiyi (JCA) of the Federal Court of Appeal, Lagos State Division, who
upheld the decisions of Honourble Justice Joseph Olubunmi Oyewole of the Ikeja
State High Court to the effect that Chief Olabode George and five others were
guilty of contract splitting and awarding of contract beyond the approval
limit.
On appeal in the Supreme
Court of Nigeria, Chief Olabode George and five others were acquitted and
discharged by Honourable Justice Afolabi Fabiyi (JSC) traceable to the gross
inability of The Economic and Financial Crime Commission to demonstrate before
the Apex court of the land how the accused persons intended to defraud the
Nigerian Port Authority.
According to the black law
dictionary, an acquit means; where a person accused of a crime is free by a
court generally as a result of lack of evidence while discharge denotes
opposite of charge; hence release; liberty; unburden; disencumber.
The legal interpretation of
the terms discharge and acquit with respect to an accused person implies that
the prosecutor failed to adduce evidence to warrant his conviction and
subsequently, the accused person should be freed of all the unsubstantial
allegation leveled against him.
In one word, for the fact that the
EFCC failed completely to adduce evidence of contract splitting, disobedience
of lawful order and abuse of office allegations against Chief Olabode George
before the Apex Court of the land, Chief
Olabode George should be set free, and be relief of all the unsubstantiated
allegations.
Page 3 of 4
The Call For Congratulations
In the Nigerian laws, most
especially the constitution of the country, an accused person is presumed
innocent until found guilty by a court of competent jurisdiction.
Right of a person charged
with a criminal offence to be presumed innocent until he is proved or has
pleaded guilty (Presumption of Innocence) [Section 10(2)(a) & (11)(a) of the
Constitution]
Reasons
Why Nigerians Should Congratulate Chief Bode George
(1) From the eyes of the laws, Chief Bode George
is not an ex-convict.
(2) From the eyes of the laws, Chief
Bode George has no criminal record in his life time.
(3) From the eyes of the laws, Chief
Bode George is eligible to contest for any political post in the country.
(4) From the eyes of the laws, Chief
Bode George is a man of dignity and sound moral status in the society.
(5) From the eyes of the laws, Chief
Bode George deserves to be awarded a national honour because he had served his
country meritoriously.
Page 4 of 4
Advice and Conclusion
It is our advice that Chief Bode
George should appreciate Almighty God for his uncommon favour upon his life. He
should not bother himself dragging the EFCC to court for character
assassination and deformation of character. He should consider what has happen
to him as being destined from heaven. He should not revenge.
On behalf of the Management team
of our organization, we congratulate Chief Bode George on his recent victory in
the Supreme Court of Nigeria.
