Another attempt by beleaguered Chairman of Bi-Courtney Highway Services Limited, Wale Babalakin to stop the Economic and Financial Crimes Commission (EFCC) from prosecuting him on money laundering charges crumbled on Friday, after Justice Ibrahim Buba of the Federal High Court, Lagos, dismissed his application.
Babalakin had approached the court, seeking an order to enforce his fundamental human rights by preventing EFCC operatives or those of other security agencies from arresting or detaining him on charges against him, filed at the Lagos High Court.
According to Justice Buba, it is wrong for the applicant to approach the court to enforce his fundamental human rights when there is a pending criminal charge against him at the state high court. He said that the personal liberty of an individual is not absolute, and it will not augur well for the peace and progress of the society if any person with a criminal charge in a court approaches another to enforce his fundamental human rights.
“Nobody is above the law, no matter the person’s position or status,” he said.
He said that Babalakin, being a Senior Advocate of Nigeria, should not be afraid to face the court; and dismissed his application as lacking in merit.
Earlier, Rotimi Jacobs (SAN) had argued that EFCC is vested with the power to investigate, arrest and prosecute persons for financial crimes, and that Babalakin did not abide by the terms of the administrative bail he was granted by the Commission.
On Babalakin’s ill-health, Rotimi said that there was nothing before the court on the current state of the suspect’s health.
“It is not a case of denial of fundamental human rights but a case of non-compliance to enjoy that right,” he said. “The suit is intended to gag the EFCC so that they will not take him to court.”
Only on Monday, Justice Buba had refused to grant an ex-parte order restraining EFCC from arresting or detaining Babalakin without hearing from the respondents, instead ordering Babalakin to serve the respondents to enable them respond to the motion on notice.
Justice Idris dismissed a similar application, on 15th December, for an order of prohibition against the EFCC and the Attorney General of Federation from arraigning him before the Lagos High Court on the grounds that the application was defective, as it failed to comply with Order 35 Rule 4 of the Federal High Court Civil Procedure Rules, which requires the applicant to depose to an affidavit after serving the court papers on the parties in the suit.
Babalakin, alongside Alex Okoh, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited, is scheduled to appear before an Ikeja High Court on 17th January 2013 to take his plea on a 27-count charge of offences bordering on money laundering preferred against them by the EFCC.
They allegedly transferred various sums of money on behalf of the former Governor of Delta State, Chief James Ibori, through third parties to some foreign accounts under the guise of purchasing a Challenger Jet Aircraft.
A supposed arraigned before Justice Adeniyi Onigbanjo of the Lagos High Court Ikeja on 29th November 2012 was stalled after Babalakin failed to show up, claiming sudden illness and hospitalization at the Lagos University Teaching Hospital. Ebun Sofunde (SAN), lead defence counsel to Babalakin, already withdrew from the case, citing personal reasons.
