Bode George _and_Others_judgment

IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT HIGH COURT NO 33, CRIMINAL DIVISION IKEJA
BEFORE HON JUSTICE J.O.K. OYEWOLE
TODAY MONDAY THE 26TH DAY OF OCTOBER 2009.

SUIT NO: ID/71c/2008

BETWEEN

FEDERAL REPUBLIC OF NIGERIA………………COMPLAINANT

AND

1. CHIEF OLABODE GEORGE……………………………DEFENDANT
2. ARCHITECT AMINU DABO.…………………………...DEFENDANT
3. CAPTAIN O. ABIDOYE…………………………………DEFENDANT
4. ALHAJI ABDULAHI AMINU TAFIDA………………...DEFENDANT
5. ALHAJI ZANNA MAIDARIBE………………………….DEFENDANT
6. ENGR SULE ALIYU……………………………………..DEFENDANT

JUDGMENT

The defendants were arraigned before this Court on the 8 th of August, 2008
on a 163 count information to which they all pleaded not guilty.

Subsequently, the said information was amended via the amended
information containing 68 counts dated 24th October, 2008 to which each of
the defendants once again pleaded not guilty.

The said 68 counts are hereinafter set out in full as follows:

STATEMENT OF OFFENCE – 1ST COUNT
Inflation of contract prices contrary to Section 22 (3) of The Corrupt
Practices and other Related Offences Act, 2000.

PARTICUALRS OF OFFENCE
Chief Olabode George, former Chairman Nigeria Ports Authority (NPA),
Architect Aminu Dabo, former Managing Director Nigeria Port Authority
(NPA), Captain O. Abidoye, Alhaji Abdulahi Aminu Tafida, Alhaji Zanna
Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at large), Engr B.G.
Yakassai (now at large), Emmanuel Omokhomion (now at large), and Mr.
R.S. Anah (now at large) on or about 6th June, 2003 within the Ikeja Judicial
division did inflate the price of the contract awarded to Kalmer West Africa
Ltd 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.

STATEMENT OF OFFENCE – 2ND COUNT
Inflation of contract prices contrary to section 22 (3) of The Corrupt
Practices and Other Related Offences Act, 2000.

PARTICULARS OF OFFENCE
Architect Aminu Dabo, former Managing Director Nigeria Ports Authority
Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at large), Engr. B.G.
R.S. Anah (now at large) on or about 20th July, 2003 within the Ikeja Judicial
division did inflate the price of the contract awarded to Dateks Ltd for the
replacement and installation of 6 Nos 11KV High Tension Panels with
accessories at substation “C” Tin Can Island Port, Lagos from €310,500.40
(being the prevailing price at the time of the award of the contract) to
€345,925.00.

STATEMENT OF OFFENCE – 3RD COUNT


2

(NPA), Captain O. Abidoye, Alhaji Abdullahi Aminu Tafida, Alhaji Zanna
R.S. Anah (now at large) on or about 20th July, 2003 within the Ikeja Judicial
division did inflate the price of the contract awarded to Docklard maritime
Ltd for the supply and commissioning of 3 phase 70 KVA cable fault Test
Van with distance measurement tech & high tension instruments at Lagos
port complex from € 170, 437.50 (being the prevailing price at the time of
the award of the contract) to €236,250.00.

STATEMENT OF OFFENCE – 4TH COUNT
Inflation of contract prices contrary to section 22(3) of The Corrupt Practices
and Other Related Offences Act, 2000.

R.S. Anah (now at large) on or about 20th December, 2002 within the Ikeja
Judicial Division did inflate the price of the contract awarded to
Continentale Produckten Gesellschaft for the supply and installation of 11
KVA H.T. panels at s/s “B” Transformer 1,2, ring coupler, generator and
main s/s transformer panel at Apapa Port Complex from €115,892.90 (being
the prevailing price at the time of the award of the contract) to €162,250.00.


R.S. Anah (now at large) on or about 23rd December, 2002 within the Ikeja

3

Judicial division did inflate the price of the contract awarded to Flohr &
company for the supply and installation of 3rd generating set, 16 Cyclinder
water cooled, Cummins Industrial diesel engine, operating at 1500 rpm
coupled with brushless Stanford alternator 1645KVA, 11KV, 3PH, 50HZ
continuous output at Apapa from €163,342.60 (being the prevailing price at
the time of the award of the contract) to €211,090.00.


R.S. Anah (now at large) on or about 20th December, 2002 within the Ikeja
Judicial Division did inflate the price of the contract awarded to Complete
Engineering Services Ltd for the complete replacement of obsolete high
Tension Panels at Sub-Station “E” Tin Can Island, Lagos from €165,870.54
(being the prevailing price at the time of the award of the contract) to
€253,500.00.


R.S. Anah (now at large) on or about11th August, 2002 within the Ikeja
Judicial Division did inflate the price of the contract awarded to Niboreg
General Procurement for the supply of 200 units of Duraline Hose and 8
smoke extractors at Apapa Port from €201, 280.00 (being the prevailing
price at the time of the award of the contract) to €251,600.00.

4

Conspiracy to disobey lawful order issued by constituted authority contrary
to section 517 of the Criminal code Cap 32 Vol. 2, laws of the Lagos State
of Nigeria, 1994.

Chief Olabode George, former Chairman Nigeria Ports authority (NPA),
Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at large),Engr. B.G.
R.S. Anah (now at large) on or about 18th day of October, 2002 at Lagos,
within the Ikeja Judicial division, with intent to defraud, conspired to
disobey lawful order issued by a constituted authority to wit: the Federal
Government of Nigeria, through the Federal Ministry of Finance, in circular
No F15775, dated 27th June, 2001 on Policy guidelines for procurement and
award of contracts in Government Ministries and Parastals.

Disobedience of lawful order issued by constituted authority contrary to
section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos State of
Nigeria, 1994.

within the Ikeja Judicial Division, with intent to defraud, disobeyed lawful
order issued by Constituted Authority to wit: the Federal Government of
Nigeria, through the Federal Ministry of Finance, in circular No F15775,
dated 27th June, 2001 on policy guidelines for procurement and awards of
contracts in Government Ministries and Parastals, by approving an award of
contract for N40 million (Forty Million Naira) to Danjuma Kibo Company
Nigeria Limited, for the supply of five (5) numbers Remote Sensing Satellite
Imageries to the Nigeria Ports Authority (NPA), which was beyond your
approved limit as contained in the said circular.

5

Disobedience to lawful order issued by constituted authority contrary to
section 203 of criminal Code Cap 32 vol. 2, Laws of Lagos State of Nigeria,
1994.

Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at large) Engr. B.G.
R.S. Anah (now at large) on or about 6th day of May, 2003 at Lagos, within
the Ikeja Judicial Division, with intent to defraud, disobeyed lawful order
issued by constituted authority to wit: the Federal Government of Nigeria,
through the Federal Ministry of Finance, in circular No. F15775, dated 27 th
June, 2001, on policy guidelines for procurement and awards of contracts in
Government Ministries and Parastatals, by approving an award of contract
for N49, 595,448 million (Forty nine Million Five Hundred and Ninety Five
Thousand Four Hundred and Forty Eight naira) to Alliance Tech. Limited
for the supply and installation of HT Panel and Accessories for Federal
Lighter Terminal Onne to the Nigeria Ports Authority (NPA) which was
beyond your approved limit as contained in the said circular.

Section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos State of
Nigeria, 1994.

Maidaribe, Engr Sule Aliyu, Prince Victor Agu, (now at large), Engr. B.G.
R.S. Anah (now at large) on or about 6th day of may, 2003 at Lagos, within
issued by Constituted Authority to wit: the Federal Government of Nigeria,
through the Federal Ministry of Finance, in circular No. F15775, dated 27 th

6

for N35,348,166 million (Thirty five million, three hundred and Forty eight
Thousand, One Hundred and sixty six naira) to Alba Nigeria Entreprises for
the supply of one (1) No. 70KVA Perkins Generating Set and Installation of
L.T. panel at (NIIT) Zaria to the Nigeria Ports Authority (NPA), which was

Nigeria, 1994.

Maidaribe, engr Sule Aliyu, Prince Victor Agu, (now at large), Engr. B.G.
R.S. Anah (now at large) on or about 6th day of May, 2003 at Lagos, within
through the Federal Ministry of Finance, in circular No F15775, dated 27 th
for N48,890,803.50 million (forty eight million, eight Hundred and Ninety
Thousand, eight Hundred and Three naira and Fifty kobo) to Flohr Import
Export GMBH for the supply and installation of HT Panel and Accessories
for main station and substation No. 6 at Port Harcourt (P/H) to the Nigeria
Ports Authority (NPA), which was beyond your approved limit as contained
in the said circular.

Nigeria, 1994.

Maidaribe, Engr Sule Aliyu, Prince Victor Agu, (now at large), Engr B.G.

7

R.S. Anah (now at large) some time in 2001, at Lagos, within the Ikeja
Judicial Divison, with intent to defraud, disobeyed lawful order issued by
constituted authority to wit: the Federal Government of Nigeria, through the
Federal Ministry of Finance, in Circular, No. F15775, dated 27th June, 2001,
on policy guidelines for procurement and awards of contract in Government
Ministries and parastatals, by approving an award of contract for
$294,601.65 million (Two Hundred and Ninety four thousand six Hundred
and One Dollars and Sixty Five Cents) to Underwater Engineering Limited
for retrieval of collapsed 250 ton reinforced concrete structural element
submerged in water to the Nigeria Ports Authority (NPA), which was

Nigeria, 1994.

Architect Aminu Dabo, former Managing Director, Nigeria Ports Authority
R.S. Anah (now at large) some time in 2001, at Lagos, within the Ikeja
Judicial divison, with intent to defraud, disobeyed lawful order issued by
constituted authority to wit: the Federal Government of Nigeria, through the
Federal Ministry of Finance, in Circular, No. F15775, dated 27th June, 2001,
on policy guidelines for procurement and awards of contract in Government
Ministries and Parastatals, by approving an award of contract for $ 500,000
(Five Hundred Thousand Dollars) to Carverton Marine Limited for 52
Hyster Cargo Handling Plant to the Nigera Ports Authority (NPA) which
was beyond your approved limit as contained in the said circular.

Section 203 of the Criminal code Cap 32 Vol. 2, Laws of Lagos State of
Nigeria, 1994.


8

Chief Olabode George, former Chariman Nigeria Ports Authority (NPA),
within the Ikeja Judicial Division with intent to defraud, disobeyed lawful
order issued by Constituted authority to wit: the Federal Government of
Nigeria, through the Federal Ministry of Finance, in Curcular, No. F15775
contracts in government Ministries and Parastatals, by approving an award
for contract for $ 265,950 (Two hundred and Sixty Five Thousand Nine
Hundred and fifty dollars) to Badru Rabiu & Sons limited for supply of one
(1) No Mobile Crane (3 tons) for Port Harcourt Port Dockyard to the Nigeria
Ports Authority (NPA), which was beyond your approved limit as contained

STATEMENT OF OFFENCE -16TH COUNT
Disobedience to lawful order issued by Constituted Authority contrary to
section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos state of
Nigeria, 1994.

Architect amine Dabo, former Managing Director Nigeria Ports Authority
order issued by constituted authority to wit: the Federal Government of
Nigeria, through the Federal Ministry of Finance, in Circular, No. F15775
contracts in Government Ministries and Parastatals, by approving an award
for contract for $284, 501 (Two Hundred and eighty four Thousand five
hundred and one dollar) to Mog Holdings Limited for supply of Marine
engine with 1 (one) gearbox, GM 12V 71 series for its “Bonny” in Apapa
Dockyard to the Nigeria Ports Authority (NPA) which was beyond your

9

Section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos state of
Nigeria, 1994.

(NPA), Captain O Abidoye, Alhaji Abdullahi Aminu Tafida, Alhaji Zanna
Maidaribe, Engr. Sule Aliyu, prince Victor Agu, (now at large), Engr. B.G.
R.S. Anah (now at large) on or about 18th day of October, 2002, at Lagos,
order issued by constituted Authority to wit: the Federal Government of
Nigeria thorough the Federal Ministry of Finance, in circular No F15775,
dated 27th June, 2001, on policy guidelines for procurement and awards of
of contract for $665,372 (six Hundred and Sixty Five Thousand Three
Hundred and seventy Tow Dollars) to Flohr mill Nigeria Limited to add cost
of fund for the above project to the Nigeria Ports Authority (NPA), which

Section 203 of the Criminal Code Cap 32 Vol. 2, laws of Lagos State of
Nigeria, 1994.

Architect Aminu Dabo, former Managing Director Nigeria, Ports Authority
(NPA), Captain O Abidoye, Alhaji Abdullahi Aminu Tafida, Alhaji Zanna
Maidaribe, Engr. Sule Aliyu, prince Victor Agu, (now at large), Engr. B.G.
Nigeria through the Federal Ministry of Finance, in circular No F15775,
of contract for $16,868, 086.33 (Sixteen Million, eight Hundred and Sixty

10

Eight Thousand and Eighty Six dollars and thirty three cents) to Flohr Mills
Nigeria Limited for civil works for the strengthening of the Quays at Berth
1,2, and 3 in Apapa Port and Channel from Harbour enforcement to the
turning basin to the Nigeria Ports Authority (NPA), which was beyond your

STATEMENT OF OFFENCE – 19TH COUNT.
Nigeria, 1994.

R.S. Anah (now at large), on or about 18th day of October, 2002, at Lagos
Nigeria, through the Federal Ministry of Finance, in circular NoF15775,
of contract for $245,700 ( Two Hundred and Forty Five Thousand Seven
hundred Dollars) to Noble Gate Projects Limited for supply of 27 no.
Bridgestone Dyna Audi “A” Fender CDA-A600MD X 3.5.M Fender Bodies
Port Harcourt to the Nigeria Ports Authority (NPA), which was beyond your

Nigeria, 1994.


11

R.S. Anah (now at large), on or about 18th day of October, 2002, at Lagos,
order issued by Constituted authority to wit: the Federal Government of
Nigeria, through the Federal ministry of Finance, in circular no F15775,
of contract for $252,375.75 (Two Hundred and Fifty Two Thousand, Three
Hundred and Seventy Five Dollars and Seventy Five Cents) to MOG
Holdings limited for supply of marine engine with 1 (one) gearbox, GM 12V
71 series for its P.C. Umuakpu in Apapa Dockyard to the Nigeria Ports
Authority (NPA), which was beyond your approved limit as contained in the
said circular.

STATEMENT OF OFFENCE – 21ST
Nigeria, 1994.

Architect Aminu Dabo, former Managing Director, Nigeria Ports Authority
(NPA), Captain O Abidoye, Alhaji Abdulahi Aminu Tafida, Alhaji Zanna
Yakassai (now at large), Emmanuel OMOkhomon (now at large), and Mr.
within the Ikeja Judicial division, with intent to defraud, disobeyed lawful
contracts in Government ministries and Parastatals, by approving an award
of contract for $321,360 (three Hundred and Twenty one Thousand three
hundred and sixty dollars) to Alliance Technique for major repairs on diesel
engine No 3 MWM TBD 400-8K, 1000KVA, 1000rpm, 11 KV at Calabar
Port to the Nigeria Ports Authority (NPA), which was beyond your approved
limit as contained in the said circular.

STATEMENT OF OFFENCE – 22ND COUNT
Nigeria, 1994.

12

Yakassai (now at large), Emmanuel Omokhomon (now at large), and Mr.
Nigeria, through the Federal Ministry of Finance, in circular No. F15775,
of contract for $284, 501 (Two Hundred and Eighty four Thousand Five
hundred and One Dollar) to Carverton Marine Limited for supply of Pilot
Cutter “Kiri” with Gearbox with 1 (one) 12V 92 for warri Dockyard to the
Nigeria ports Authority (NPA), which was beyond your approved limit as
contained in the said circular.

Disobedience to lawful order issued by constituted Authority contrary to
Section 203 of the Criminal Code Cap 32 Vol. 2 Laws of Lagos State of
Nigeria, 1994.

R.S. Anah (now at large) on or about 6th day of May, 2003, at Lagos, within
through the Federal Ministry of finance, in circular No F15775, dated 27th
Government Ministries and Parastatals, by approving an award of contract of
£269,965.71 (Two Hundred and Sixty nine Thousand, Nine hundred and
Sixty Five Euro and seventy one Pence) to Kalmer West Africa limited for
rehabilitation of accidented Kalmar Container Handler to the Nigeria Ports

13

said circular.

Nigeria, 1994.

through the Federal Ministry of Finance, in circular No. F15775, dated 27th
for £403,920 (four Hundred and Three Thousand, Nine Hundred and Twenty
Euros) to Cobalt marine Limited for supply of 2 (Two) No. Mafi Stabdard
roll Tractors at RoRo Port to the Nigeria Ports Authority (NPA) which was

Nigeria, 1994.

issued by constituted Authority to wit: the Federal Government of Nigeria,
through the Federal Ministry of Finance, in circular no. F15775, dated 27th

14

Government Ministries and Parastatals, by approving and award of contract
of £403,920 (Four Hundred and Three Thousand Nine Hundred and Twenty
Euros) to Seabridge Overseas limited for supply of 2 (two) No Mafi
Goodeneck at Container Terminal Apapa to the Nigeria Ports Authority
(NPA), which was beyond your approved limit as contained in the said
circular.

Nigeria, 1994.

R.S. Anah (now at large) on or about 11th day of December, 2002, at Lagos,
of contract for £354, 495 (Three Hundred and Fifty Four Thousand, four
Hundred and ninety five Euro) to Flohr & Company for supply and
installation of 25m flood light poles with light fittings at Kirikiri Lighter
terminal Phase II to the Nigeria Ports Authority (NPA), which was beyond
your approved limit as contained in the said circular.

Nigeria, 1994.


15

R.S. Anah (now at large) on or about 6th day of May, 2003, at Lagos within
issued by Constituted Authority to wit: the Federal Government of Nigeria
through the Federal Ministry of Finance, in circular No F15775, dated 27th
June, 2001 on policy guidelines for procurement and awards of contracts in
for £345,925 (Three Hundred and Forty Five Thousand, Nine hundred and
Twenty Five Euros) to Dateks Limited for replacement and installation of 6
Nos 11 KV High Tension panels with accessories at substation “C” Tin Can
Island port Lagos to the Nigeria Ports Authority (NPA), which was beyond

Section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos Sate of
Nigeria, 1994.

issued by Constituted Authority to wit: the Federal Government of Nigeria
through the Federal Ministry of Finance, in circular no, F15775 dated 27th
June, 2001, on Policy guidelines for procurement and awards of contracts in
for £236,250 (Two hundred and Thirty six Thousand two hundred and fifty
euros) to Docklard maritime limited for supply and commissioning of 3
phase 70 KVA cable fault test van with distance measurement tech & high
tension instrument at Lagos Port Complex to the Nigeria Ports Authority
circular.


16

Section 203 of the Criminal Code cap 32 Vol.2, Laws of Lagos State of
Nigeria, 1994.

Chief Olabode George, former Chairman Nigeria ports Authority (NPA),
Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, Omokhomion (now at
large), and Mr. R.S. Anah (now at large) on or about 6th day of may, 2003 at
Lagos, within the Ikeja Judicial Division, with intent to defraud, disobeyed
lawful order issued by constituted authority to wit: the Federal Government
of Nigeria, through the Federal Ministry of Finance, in Circular No. F15775,
contract in Government Ministries and parastatals, by approving on award of
contracts for €354,495 (Three hundred and fifty four thousand, four hundred
and ninety five Euros) to Flohr and Company Limited for supply and
installation and commissioning of 25m floor light poles with fittings at
Kirikiri Lighter Terminal Phase 1 to the Nigeria ports Authority (NPA),
which was beyond your approved limit as contained in the said circular.

Section 203 of the Criminal Code Cap 32 Vol.2, Laws of Lagos State of
Nigeria, 1994.

Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at Large) Engr. B. G.
Yakassai (now at large) Emmanuel Omokhomin (now at large), and Mr. R.S.
Anah (now at large) on or about 6th day of May, 2003, at Lagos, within the
Ikeja Judicial Division, with intent to defraud, disobeyed lawful order issued
by Constituted Authority to wit: the Federal Government of Nigeria, through
the Federal Ministry of Finance, in Circular No. F15775, dated 27 th June,
2001, on policy guidelines for procurement and awards of contracts in
for €354,495 (Three hundred and fifty four thousand, four hundred and
ninety five Euros) to Lawrence Int‟l Limited for impresses current cathode

17

protection, the steel pile wall of berth 8, TCIP to the Nigeria Ports Authority
circular.

Section 203 of the Criminal Code Cap 32 VOL.2, Laws of Lagos State of
Nigeria, 1994.
Maidaribe, Engr. Sule Aliyu, Prince Victor Agu, (now at large), Engr. B. G.
Yakassai (now at large), on or about 18th day October, 2002 at Lagos, within
through the Federal Ministry of Finance, in Circular No. F15775, dated 27 th
for $259,130 (Two hundred and fifty nine thousand, one hundred and thirty
Dollars) to Deckcrown and Haskoning Topographic Survey of Moleses for
Hydographic to the Nigeria Ports Authority (NPN), which was for
Hydographic to the Nigeria Ports Authority (NPA), which was beyond your

STATEMENT OF OFFENCE – 32nd COUNT
Section 203 of the Criminal Code Cap 32 Vol.2, Laws of Lagos State of
Nigeria, 1994.

Chief Olabode George, former Chairman Nigerian Ports authority (NPA),
R.S. Anah (now at large) on or about 18th day of October, 2002.at Lagos,
Nigeria through the Federal Ministry of Finance, in circular No F15775,

18

contracts in Government Ministres and Parastatals, by approving an award
of contract for £204,395 (Two Hundred and four Thousand, Three Hundred
and Ninety Five Pounds) to Flohr & Company for supply and installation of
11KV control synchronizing panel with protection circuit, load output
metering, preparedtor parallel operation with existing generating set at
Apapa to the Nigeria Ports Authority (NPA), which was beyond your
STATEMENT OF OFFECNE – 33RD COUNT
Section 203 of the Criminal Code Cap 32 Vol. 2, Laws of Lagos Sate of
Nigeria, 1994.

(NPA), Captain O. Abidoye, Alhaji Abdullabi Aminu Tafida, Alhaji Zanna
Maidaribe, engr Sule Aliyu, Prince Victor Agu, (now at large), Engr B.G.
R.S. Anah (now at large), on or about 18th day of October, 2002, at lagos,
of contract for £253,500 (Two hundred and fifty three Thousand, five
Hundred pounds) to L.N. Engineering limited to complete replacement of
obsolete High Tension Panel with breaker at s/s Tin Can, Apapa to the
Nigeria Ports Authority (NPA), which was beyond your approved limit as

Nigeria, 1994.


19

Maidaribe, Engr Sule Aliyu, Prince Victor Agu, (now at large), Engr B.g.
R.S. Anah (now at large), on or about 18th of October, 2002, at Lagos, within
through the Federal Ministry of Finance, in Circular No F15775, dated 27 th
June, 2001, on policy guidelines for procurement and award of contracts in
for £253,500 (Two Hundred and fifty three thousand, five hundred pounds)
to Complete Engineering Services Limited to complete replacement of
obsolete high tension panels at Sub-station “E” Tin Can Island, Lagos to the

Section 203 of the Criminal Code Cap 32 Vol. 2, laws of Lagos State of
Nigeria, 1994.

Maidaribe, engr Sule Aliyu, Prince Victor Agu, (now at large), Engr B.G.
Nigeria, through the Federal Ministry of Finance, in Circular No F15775,
dated 27th June, 2001, on policy guidelines for procurement and award of
of contract for £185,775 (One Hundred and Eighty Five Thousand, seven
Hundred and seventy Five Pounds) to Danjuma Kibo & Co. nig. Limited to
complete replacement of obsolete H.T. panels with breakers at power
house/main s/s TCIP to the Nigeria Ports Authority (NPA), which was


20

Nigeria, 1994.

within the Ikeja Judicial Division, with intent to defraud, disobyeyed lawful
of contract for £180,000 (One Hundred and Eighty thousand Pounds) to
Martinek International Investment Nigeria Limited for supply of Multibeam
Echosounders six Nos for Hydrographic to the Nigeria Ports Authority
(NPA) which was beyond your approved limit as contained in the said
circular.

Nigeria, 1994.

of contract for £211,500 (Two Hundred and Eleven Thousand Five Hundred

21

Pounds) to Melsmore Limited for supply of Multi –purpose Hydraulic
Power pack anti Pollution Equipment Onne Port to the Nigeria Ports
said circular.

Nigeria, 1994.

within the Ikeja Judicial division, with intent to defraud, disobyeyed lawful
of contract for £252, 375 (Two Hundred and Fifty Two Thousand, Three
Hundred and seventy Five pounds) to Carverton Marine Limited for supply
of main engine with gearbox to PC Umuahia at Port-Harcourt to the Nigeria
Port Authority (NPA), which was beyond your approved limit as contained

Nigeria, 1994.

Architect Aminu Dabo, former Managing Director Nigeria Port authority

22

within the Ikeja Judicial division, with intent to defraud, disobyeyed lawful
of contract for £284,501 (Two Hundred and eighty Four Thousand, five
hundred and One Pounds) to Carverton Marine Limited for supply of main
pilot cutter Kiri at Warri Port to the Nigeria Ports Authority (NPA), which

Nigeria, 1994.

of contract for £202, 500 (Two Hundred and Two Thousand, five Hundred
Pounds) to Deckcrown Limited for supply of anti Pollution Equipment for
Onne Port to the Nigeria Ports Authority (NPA), which was beyond your

Nigeria, 1994.


23

of contract for £144,000 (One Hundred and forty four Thousand pounds) to
Nautica Seatrade Limited for supply of anti Pollution Equipment for Onne
Port to the Nigeria Ports Authority (NPA), which was beyond your approved

STATEMENT OF OFFENCE – 42ND COUNT.
Nigeria, 1994.

of contract for £251,600 (Two Hundred and Fifty One thousand, Six
Hundred Pounds) to Niboreg General Procurement for supply of 200 units of
duraline hose and 8 smoke extractors at Apapa port to the Nigeria Ports
said circular.


24

Nigeria, 1994.

of contract for £377,250 (Three Hundred and Seventy Seven Thousand, Two
Hundred and Fifty pounds) to Lawrence International company for 150
Nos. foam company for Eastern Operations to the Nigeria Ports Authority
circular.

Nigeria, 1994.

Chief Olabode George, former Chairman Nigeria ports authority (NPA),
of contract for £264,765 (Two Hundred and Sixty four Thousand, Seven

25

Hundred and sixty Five Pounds) to Alba Nigeria enterprises for 10 units of
FRP Aerodynamic Apapa Port, Lagos (Mobile Inland Inductor) to the

Nigeria, 1994.

of contract for £2,480,000 (Two million, Four Hundred and Eighty
Thousand pounds) to Rynwal Shipyard for supply of Fast Boom layer Boats
to the Nigeria Ports Authority (NPA), which was beyond your approved

Nigeria, 1994.


26

of contract for £228,880 (Two hundred and Twenty eight Thousand, eight
Hundred and eighty Pounds) to Jowiz Nigeria Limited for supply of Fast
Boom Layer Boats to the Nigeria Ports Authority (NPA), which was beyond

Nigeria, 1994.

of contract for £290, 216 (Two Hundred and Ninety Thousand, Two
Hundred and Sixteen Pounds) to Jowiz Nigeria limited for supply of 1645
KVA 11K, 3 (Phase) 50 Hz Generator set, water-cooled Cummins to the
Nigeria Ports authority (NPA), which as beyond your approved limit as

Nigeria, 1994.


27

of contract for £244,400 (Two Hundred and forty four Thousand, Four
Hundred Pounds) to Marine and operations for two (2) numbers water
tankers for fire services H/Q and Container Terminal to the Nigeria Ports
said circular.

Nigeria, 1994.

contracts in Government Ministries and Parastatals, by approving 60% as
mobilization fee on award of contract for £211, 500 (Two Hundred and
Eleven Thousand five Hundred Pounds) to Melsmore limited for the supply
of anti pollution equipment for Lagos and Warri Port to the Nigeria Ports
said circular.


28

Nigeria, 1994.

mobilization fee on award of contract for £157,925 (One Hundred and fifty
seven thousand, nine hundred and Twenty Five Pounds) to G.H.P. Int‟l
Limited for the supply of Electro-Hydraulic plate, bending rolling machine
to the Nigeria Ports Authority (NPA), which was beyond your approved

STATEMENT OF OFFENCE – 51st COUNT
Nigeria, 1994.

mobilization fee on award of contract for £182,736 (One Hundred and

29

eighty Two Thousand, seven hundred and Thirty six Pounds) to Matitech
Int‟l Limited for the supply of 4 Nos fairway Bouys for the Port of Lagos,
Port Harcourt, Warri and Calabar to the Nigeria Ports Authority (NPA),
which was beyond your approved limit as contained in the said circular.

STATEMENT OF OFFENCE – 52nd COUNT
Nigeria, 1994.

R.S. Anah (now at large), on or about 5th day of June, 2003, at Lagos, within
Government Ministries and Parastatals, by approving 100% as mobilization
fee on award of contract for £228,880 (Two hundred and Twenty eight
Thousand, eight hundred and eighty Pounds) to Jowiz Nigeria Limited for
the supply of 1645 KVA, 11KV 3-Phase, 50Hz connecting set, water
couples with brustless standard alternator to the Nigeria Ports authority
circular.

Nigeria, 1994.


30

the Ikeja Judicial division, with intent to defraud, disobeyed lawful order
fee on award of contract for €403,920 (Four hundred and Three Thousand,
nine hundred and Twenty Euros) to Seabridge Overseas limited for the
supply of mofitractors for use in container terminal to the Nigeria Ports
authority (NPA), which was beyond your approved limit as contained in the
said circular.

Nigeria, 1994.

fee on award of contract for €345,925 (Three hundred and forty five
Thousand, nine Hundred and Twenty five Euros) to Dateks limited for the
supply of replacement and installation of 6 No. 11KV high tension panel
with accessories at sub-station C, Tin Can island to the Nigeria Ports
said circular.

Nigeria, 1994.

31

fee on award of contract for €236,250 (Two hundred and thirty six thousand,
two Hundred and fifty euros) to Dockland Martime Limited for the supply of
3 phase 70 KVA cable fault test van with distance measurement tech HT
instrument for use at Lagos port to the Nigeria Ports Authority (NPA), which

Nigeria, 1994.

fee on award of contract for €236,250 (Two hundred and Thirty Six
Thousand, two Hundred and Fifty Euros) to Lawrence Int‟l Co. for the
supply of 3 phase 70 KVA cable fault test van with distance measurement
tech HT instrument for use at port Harcourt to the Nigerian Ports authority

32

circular.

Nigeria, 1994.

fee on award of contract for €175,900 (One Hundred and Seventy five
Thousand, Nine hundred Euros) to project Wheel engineering for the
replacement and installation of 3 No.11 KV High tension (existing
transformer and spare panel with accessories fir use at sub-station B Tin-Can
Island, Lagos) to the Nigeria Ports Authority (NPA), which was beyond your

Abuse of office contrary to Section 104 of the Criminal Code Cap 32 Vol.2,
Laws of Lagos State of Nigeria, 1994.

R.S. Anah (now at large), on or about 8th day of August, 2002 at Lagos,
within the Ikeja judicial division, while being employed in the public service
of the Federation of Nigeria as Board Members of Nigerian ports authority

33

(NPA), with intent to defraud, abuse the authority of your office regarding
award of contracts, by splitting one contract in the sum of N27, 075,000.00
(Twenty Seven million, Seventy five thousand naira) into two separate
contracts, which sum was beyond your approved limits, and subsequently
awarded the split contracts to Dockyard Maritime limited for the supply of
three (3) numbers of Cylinder rubber Fenders size 1000/500 x 500mm to
Nigerian port Authority (NPA), an act which was arbitrary and prejudicial to
the right of the Federal Minister of Transportation, being the appropriate
authority to award contracts in excess of N20 million (Twenty Million
Naira).


R.S. Anah (now at large), on or about 18th day of October, 2002 at Lagos
within Ikeja judicial division, while being employed in the public service of
the Federation of Nigeria as board members of Nigeria Ports Authority
award of contracts, by splitting one contract in the sum of $536,876.75 USD
(Five Hudnred and Thirty-six Thousand, Eight Hundred and Seventy-five
United state of America Dollars Seventy five Cents) into two separate
contracts, which sum was beyond your approved limits and subsequently
awarded the split contracts to Mog Holdings Limited for the supply of
marine engine with 1 (one) gearbox, GM 12V 71 series for its “Bonny” in
Apapa Dockyard to Nigeria Port Authority (NPA), an act which was
arbitrary and prejudicial to the right of the Federal minister of
Transportation, being the appropriate authority to award contracts in excess
of N20 million (Twenty Million Naira).

STATEMENT OF OFFENCE 60TH COUNT

34

within Ikeja Judicial Division, while being employed in the public service of
award of contracts, by splitting one contract in the sum of $797,850.00usd
(Seven hundred and ninety-seven Thousand, eight hundred and fifty United
States of America Dollars) into three separate contracts, which sum was
beyond your approved limits, and subsequently awarded the split contracts
to Belad Ventures Limited, Princadaz Nigeria limited and T. Baas Creation
Limited for the supply of one (1) number Terex Telescopic Mobile Crane
(30 tons) for Warri Port Dockyard to Nigeria Port Authority (NPA), an act
which was arbitrary and prejudicial to the right of the Federal Executive
Council, being the appropriate authority to award contracts in excess of N50
million (Fifty million naira).

STATEMENT OF OFFENCE 61ST COUNT

award of contracts, by splitting one contract in the sum of $441,664.00 USD
(Four Hundred and Forty-one Thousand, Six Hundred and Sixty-Four
United states of America dollars) into two separate contracts which sum was
beyond your approved limits and subsequently awarded the split contracts to
Lawrence International Company and Niboreg General Procurement for the

35

supply of Cathodic Protection of steel Sheet Pipewell of Berth 8 Tin- Can
island port Lagos to Nigeria Ports authority (NPA), and act which was
arbitrary and prejudicial to the right of the Federal Executive council, being
the appropriate authority to award contracts in excess of N50 million (Fifty
Million Naira).

STATEMENT OF OFFENCE 62ND COUNT

R.S. Anah (now at large), on or about 6th day of June, 2003 at Lagos within
Ikeja Judicial Division, while being employed in the public service of the
Federation of Nigeria as board members of Nigeria Ports Authority (NPA),
with intent to defraud, abuse the authority of your office regarding award of
contracts, by splitting one contract in the sum of €807,840.00 (Eight
Hundred and Seven Thousand, eight Hundred and Forty Euros) into two
separate contracts, which sum was beyond your approved limits, and
subsequently awarded the split contracts to Cobalt Marine limited and
Seabridge Overseas Limited for the Supply of two (2) numbers Mafi
Stabdard roll Tractors at Roro Port to Nigerian Port Authority (NPA) an at
which was arbitrary and prejudicial to the right of the Federal Executive
Council being the appropriate authority to award contracts in excess of
N50million (Fifty Million Naira).

STATEMENT OF OFFENCE 63RD COUNT
Abuse of office contrary to section 104 of the Criminal Code Cap 32 Vol.2,


36

award of contracts, by splitting one contract in the sum of €708,990.00
(Seven Hundred and Eight Thousand, Nine Hundred and Ninety euros) into
two separate contracts, which sum was beyond your approved limits and
subsequently awarded the split contracts to Flohr and Company Limited for
the supply, installation and commissioning of 25m floor light poles with
fitting at Kirikiri Lighter Terminal Phase 1 to Nigeria Port Authority (NPA),
an act which was arbitrary and prejudicial to the right of the Federal
Executive council, being the appropriate authority to award contracts in
excess of N50 million (Fifty million Naira).


within Ikeja judicial division, while being employed in the public service of
award of contracts, by splitting one contract in the sum of €697,725.00 (Six
Hundred and Ninety-seven Thousand, seven Hundred and Twenty five
Euros) into three separate contracts, which sum was beyond your approved
limits, and subsequently awarded the split contracts to Project Wheel
engineering and Dateks limited for the replacement & installation of 3 Nos.
KV High Tension (incomer, outgoing Transformer) panels with accessories
at Substation “B” Tin-Can Island Port Lagos to Nigeria Port Authority
(NPA), an act which was arbitrary and prejudicial to the right of the Federal
Executive Council, being the appropriate authority to award contracts in
excess of N50 million (Fifty Million Naira).


37


R.S. Anah (now at large), on or about 6th June, 2003 at Lagos within Ikeja
judicial division, while being employed in the public service of the
contracts, by splitting one contract in the sum of €472,500.00 (Four Hundred
and seventy Two Thousand, five Hundred Euros) into two separate
contracts, which sum was beyond your approved limits, and subsequently
awarded the split contracts to Dockland Maritime limited and Lawrence
international Limited for the supply and commissioning of 3 phase 7p KVA
cable fault Test Van with distance measurement tech & high tension
instrument at Lagos Port Complex of Nigeria Port Authority (NPA), an act
which was arbitrary and prejudicial to the right of the Federal Minister of
Transportation, being the appropriate authority to award contracts in excess
of N20 million (Twenty million naira).

Abuse of office contrary to section 104 of the Criminal Code Cap 32 Vol.2,

Chief Olabode George, former Chairman Nigeria ports authority (NPA),
R.S. Anah (now at large), on or about 18th October, 2002 at Lagos within
Ikeja judicial division, while being employed in the public service of the
contracts, by splitting one contract in the sum of £934,581.00 (Nine Hundred
and Thirty-four Thousand, five hundred and Eighty-one British Pound

38

Sterling) into four separate contracts, which sum was beyond your approved
limits, and subsequently awarded the split contracts to Jowiz Nigeria
Limited and Flohr and Company for the supply of 1645KVA 11K, 3 (phase)
50Hz Generator set, water-cooled Cummins Industrial Diesel engine
operating at 1500 RPM coupled with a Brushless Stanford Alternator,
continuous output at Continental Shipyard, Apapa Port Complex to Nigerian
Port Authority (NPA), an act which was arbitrary and prejudicial to the right
of the Federal Executive council, being the appropriate authority to award
contracts in excess of N50 million (Fifty Million Naira).


Ikeja Judicial Division, while being employed in the public service of the
contracts, by splitting one contract in the sum of £869,575.02 (Eight
Hundred and Sixty-Nine Thousand, five Hundred and seventy-five British
pound sterling tow pence) into four separate contracts, which sum as beyond
your approved limits, and subsequently awarded the split contracts to L.N.
Engineering Limited, complete Engineering services limited and Martinek
International Investment Nigeria limited for complete replacement of
obsolete High Tension Panels with Breakers at S/S Tin-Can, Apapa to
Nigerian port authority (NPA), and act which was arbitrary and prejudicial
to the right of the Federal Executive Council, being the appropriate authority
to award contracts in excess of N50 million (Fifty Million Naira).



39

Ikeja judicial division, while being employed in the public service of the
contracts, by splitting one contract in the sum of £346,500 (Three hundred
and Forty Six Thousand, Five Hundred British Pound Sterling) into two
separate contracts, which sum was beyond your approved limits, and
nautical Seatrade limited for the supply of Anti Pollution Equipment for
Onne port to Nigerian Ports Authority (NPA), an act which was arbitrary
and prejudicial to the right of the Federal Executive Council, being the
appropriate authority to award contracts in excess of N50 million (Fifty
Million Naira).

Trial started immediately thereafter in the course of which 10 witnesses
testified for the prosecution while only one witness, the 1 st defendant
testified for the defence. Prosecution tendered 20 exhibits while the Defence
tendered 9 exhibits.

PW1 was Ayoola Elijah Ajala a Chief Superintendent of Police attached to
the Economic and Financial Crimes Commission (hereinafter called EFCC)
as investigator.

His evidence in chief was that he was co-opted into the Committee set up by
the Federal Government to review the activities of the Nigerian Ports
Authority under the chairmanship of the then Executive Chairman of the
EFCC, Mallam Nuhu Ribadu. For ease of reference the said Committee shall
hereinafter in this judgment be referred to as “the Ridadu Committee”.

He outlined the terms of reference of the said Committee and stated that it
submitted its report to the Government which then forwarded it to the EFCC
for more detailed investigation but he however could not participate in the
said investigation as he was transferred out of Lagos.
He identified a certified true copy of the report of the said Committee and it
was admitted as exhibit P1.

40

Under cross-examination from the lead counsel for the 1st defendant Mr
Ayanlaja (SAN), he testified that he was not a signatory to exhibit P1 and
that the defendants were invited by the said Committee.

Since he took no part in the subsequent investigation he could not testify
about it but identified minutes of the 11th Board meeting of the NPA and it
was admitted as exhibit D1.
Shown portions of the said exhibit D1 relating to contracts alleged in the
charge to have been inflated he stated that no inflation was apparent on the
face thereof and would rather leave detailed testimony to the investigators.

He stated that the work of the Ribadu Committee extended beyond the board
to the entire NPA and that the 1st defendant appeared before the said
committee but he was not part of those who interacted with him personally.

He stated further that to effectively discharge its functions the committee co-
opted professionals from various governmental institutions including the
EFCC and he headed the EFCC group.

He was confronted with a certified true copy of the minutes of the 9th board
of directors meeting of the NPA and another certified true copy of the
minutes of the 11th board of directors meeting of the NPA and they were
admitted as exhibits D2 and D3 respectively. From the two exhibits no
contract was seen to have originated from the NPA board, no inflation of
contracts was apparent; he could not identify any split contract and not being
an expert on pricing he could not testify on it.

He listed the contract approval levels identified by him in NPA and
indicated the difference between the board and management levels.

Under further cross-examination from the learned lead counsel for the 2nd
defendant, Mr Adesina (SAN) he stated that was not aware of any
government white paper on exhibit P1 and was equally not aware it was
rejected.

To his knowledge no contractor involved in the Counts being tried was
interviewed by the Ribadu Committee, and he also knew that the NPA board
used a 1999 guideline for the contracts awarded in the period under review
but he was not aware of how the 2001 financial guideline was
communicated to the NPA.

41

He stated that he was aware of a price survey unit in the NPA but would not
know how it worked. He however insisted that the board of the NPA had a
duty to verify every contract before approving it.

Shown exhibits D1 and D2 once again, he observed that the apparent
contents thereof cannot be conclusive as indicated from later investigation
and that a representative of the supervising Ministry of Transport
participated in the board meetings.

Cross-examined further by Mr Ojo the lead counsel for the 3rd Defendant, he
stated that although he was not aware that exhibit P1 was adopted by the
Federal Government it was referred to the EFCC for further investigation.

He further stated that the defendants sitting as board members of the NPA
had responsibility to approve or reject contracts.

Under cross-examination from Mr Sanni for the 4th defendant he stated that
the 4th defendant was invited by the Ribadu Committee, that to his
knowledge none of the defendants benefited from the awarded contracts and
that none of the benefiting companies belonged to them.

Mr Ukoh the learned counsel for the 5th defendant adopted previous cross-
examinations of other defence counsel while the lead counsel for the 6 th
defendant Mr Farounbi cross-examined him further and he stated that he
never met the 6th defendant before coming to Court to testify and was not
aware of his invitation by the Ribadu Committee.

He was shown exhibit D2 but could not explain why other named board
members were not charged along with the defendants.

He reiterated that no contract originated from the board or 6 th defendant in
particular and that although the contracts were expected to have been vetted
by professionals the board still had responsibility to reject or approve any
contract placed before it.

He was re-examined by Mr Hassan the then lead prosecutor and he clarified
the circulars on board approval levels. He insisted that the board was not
bound to approve all contracts recommended to it by the management.

42

PW2 was Engineer Mustapha Bukar a senior civil servant and one time
director of Maritime in the Federal Ministry of Transport.

His evidence in chief was that in October 2003 he served as Chairman of the
Administrative Panel set up by the then Minister of Transport to review
contracts awarded by the NPA between 2001 and 2003.

In the course of his said assignment, he interacted with the 1 st, 2nd and 3rd
defendants and identified the two government circulars which formed the
basis of the review exercise as well as the interim and final reports of his
Committee. They were admitted as exhibits P2 to P5 respectively.

He highlighted some of the irregularities noted by his Committee and
reflected in its reports.

Cross-examined by Mr Ayanlaja (SAN) for the 1st defendant he stated that
the inclusion in his committee of a person who had previously expressly his
grievances about activities of the NPA leadership did not affect its
objectivity as the committee also noted the incongruity and ensured the said
person played no prominent role in its activities.
He denied that his report was rejected but stated that it led to more detailed
investigation.

His committee found that no contract originated from the board and although
exhibits P2 and P3 came in the course of the life of the NPA board in which
defendants served, the circular exhibit P3 was brought to their attention by
the Ministry‟s representative on the board who later testified as PW4 and
was not charged along with the defendants.

While he was aware that government parastatals differed in functions and
revenue base, he was also aware that NPA generated its own revenue but he
knew nothing of the expenditure limit of the NPA board prior to 2001.

He was shown exhibit P5 and stated that he did not come across any contract
that was inflated or split at the board level as these took place at lower levels
and while not in agreement with the J.K. Randle price report noted that NPA
did not use its internal price intelligence units.

Further cross-examined by Mr Adesina (SAN) for the 2nd defendant his
attention was drawn to the portion of exhibit P1 referring to government‟s

43

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