Would Onabanjo Have Been Found Guilty In A Law Court?
by our Legal Correspondent in Lagos
Listening to the Chairman of the Tribunal it was quite clear that the judgment will not stand a dog's chance in a normal court of law.The special military Tribunal (Lagos Zone) headed by Brigadier Paul Omu, country." who is also a member of the ruling Supreme Military Council, on Thursday 31 May, 1984 sentenced the Former Governor of Ogun State, Mr Victor Olabisi Onabanjo to a jail term of 22 years, after finding him guilty of 'masterminding' a N2.8 million kickback from construction firm, a Bouygues (Nigeria) Limited and Shote Dawodu Consultants.
This represents 10% of the contract price awarded for the construction of the Great Nigeria House by the Great Nigeria Insurance Company in which the three states owned controlling shares under Odua Investments.
Two other former Governors, Bola Ige of Oyo State and Michael Adekunle Ajasin of Ondo State, who stood trial along with Mr Onabanjo, having been all charged with awarding the contract and receiving the kick-back, were acquitted and discharged. They were tried under the provisions of Decrees 3, 8 and 13 and the trial was held in camera. Former Governor Bisi Onabanjo was the first ex-governor to be found guilty by the special military tribunals and jailed.
On 10 February, 1984, Brigadier Tunde Idiagbon, Chief of Staff and member of the Supreme Military Council, at a Press conference, told the world that ex-governors Bola Ige, Bisi Onabanjo and Adekunle Ajasin had all "confessed" to receiving a N2.8 million kick-back from the construction firm which was paid into the coffers of the banned UPN. He told the press that the three ex governors "have all confirmed receiving the money, and they will give us the money. I don't know how much they have got left in their account. . ."
In delivering the judgement, the Tribunal chairman, Brigadier Omu said that "no one who has heard the facts of this case can have any delusion that the first accused (Bisi Onabanjo) caused the payment of kick backs to the UPN the governing party. This terrible evil of kick back has contributed in no small way to the economic adversity of this country”
"It was clearly a negation of oath of office you took. Public office holders must live above board. We give consideration to your character and all you have said. But we have to impose a punishment which would serve as a deterrent to others.
"The tribunal members sentence you, Chief Victor Olabisi Onabanjo to a total of 22 calendar years. A committal warrant shall be issued accordingly. This is subject to confirmation by the confirming authority". The N2.9 million involved has been confiscated to the state.
After the tribunal rose, it was quite evident that he was convicted because the reputation of the Chief of Staff had to be saved.
Earlier the Chairman of the Tribunal had recounted to the press the evidence on which the tribunal based its judgement and sentence, since the trial was held in camera.
He said chief Onabanjo was the "nerve centre" of the N2.8 million kick-back and said the tribunal was "fully satisfied that the case against him was proved beyond reasonable doubt."
He said Chief Onabanjo did not "impress us (the tribunal) as a witness of truth and we are satisfied that he was a man who had so much to hide or refused to tell the truth."
Brigadier Omu told the press that the tribunal accepted the evidence of the first prosecution witness (P.W.1) Mr Ezekiel Onifade, the General Manager of the Great Nigeria Insurance Company who testified that the deal (for the 10% kick-back for the banned June
Victoria Island, Lagos. Mr Onifade alleged that Mr Onabanjo demanded the kick-back then, but Mr Onabanjo contended that all that he discussed with Mr Onifade was the question of funds for the Great Nigeria Building Project - a contention which the tribunal rejected on the grounds that if that was all that Mr Onabanjo wanted to discuss with Mr Onifade, there was no reason why he should not have raised it at the meeting but did so after the meeting.
He told the press that the second prosecution witness (P.W.2) Mr Olaniwun Ajayi, chairman of the Great Nigeria Insurance Company told the tribunal that the payment of N2.8 million to the UPN was never discussed by the Board of Directors of the company and denied any knowledge of the payment of the amount to the party until he was told. He also denied knowledge of the fact that it was his General Manager, Mr Onifade (P.W.1) who paid in the money. All he was told by Mr Olatunji Labode, the UPN national accountant was that he had got a donation from the contractors of Great Nigeria Insurance Company to the tune of N1.8 million which he later on also got to know had gone up to N2.8 million.
Brigadier Omu also told the press that the UPN national Accountant told the tribunal that "on 4 July, 1983, Mr Onifade (the General Manager of G.N.I.C. and P.W.1) came to my office at Abule-Ijesha, told me that some contractors wanted TO DONATE money to the UPN and consequently, we went to their office and also to Societe Generale Bank" where eventually he got N1.8 million. A few days later, he "got a telephone call from the first accused (Mr Onabanjo) and he gave me two boxes which I found out to be N1 million" which he paid into the account of the UPN.
Brigadier Omu further told the press that the evidence of the General Manager of Bouygues (the contracting firm) was that none of the three ex- governors had any transaction with him.
From the summary of the evidence admitted by the tribunal against Mr Onabanjo, which the chairman read out, the judgement of the tribunal was based on the evidence of Mr Onifade, Mr Ajayi, Mr Adewole Shote of the firm of consultants also involved in the contract, and the General Manager of Bouygues Nigeria Limited, the contractors.
Listening to the Chairman of the Tribunal, it was quite clear that the judgement will not stand a dog's chance in a normal court of law. There were so many denials and contradictions by the witnesses whose evidence were accepted, and so much inadmissible evidence which were admitted (maybe because this is a special Tribunal and all the rules of court procedure need not be observed) that if the case had been brought before a normal court, Mr Bisi Onabanjo will not have been found guilty.
No Collaboration
Most of the "transactions" from which the tribunal drew its conclusion of guilt were held between Mr Onabanjo and the prosecution witnesses individually and there were not much evidence (if any, it was not clear from the judgement) of collaboration from other sources. Mr Onabanjo naturally denied those which implicated him, and obviously it was his word against the others a situation which would not merit the "beyond reasonable doubt" label which Brigadier Omu put on the evidence against Mr Onabanjo, and which (without collaboration) in a normal open court, would have given him the benefit of doubt.After the court rose, it was quite evident from the comments of some of the pressmen around that he was convicted because the reputation of the Chief of Staff Brigadier Tunde Idiag bon had to be saved by a conviction of one of them otherwise it will be difficult explaining how people who were reported to have "confessed" to receiving kick-back and agreed to returning it will be acquitted and discharged by a special Military Tribunal handled by a member of the ruling Supreme Military Council.
