Another attempt by the embattled Chairman of Bi-Courtney Highway Services Limited, Dr. Wale Babalakin, to stop the Economic and Financial Crimes Commission from prosecuting him on money laundering charges failed on Friday as 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 way of preventing the EFCC, its agents or security agencies of government from harassing, arresting or detaining him, further to the charge filed by the EFCC at the Lagos High Court.
Justice Buba said it was wrong for the applicant to approach the court to enforce his fundamental human rights when there was a pending criminal charge against him at the state high court.
He said the personal liberty of an individual was not absolute.
He said 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, adding: “Nobody is above the law, no matter the person’s position or status.”
He said Babalakin as a Senior Advocate of Nigeria should not be afraid to face the court and, therefore, dismissed his application as lacking in merit.
Counsel to the EFCC, Rotimi Jacobs, SAN, had told the court that the EFCC is vested with the power to investigate, arrest and prosecute persons for financial crimes.
Jacobs also told the court that Babalakin did not abide by the terms of the administrative bail granted him by the Commission.
On the issue of Babalakin’s ill-health, which his counsel, Wale Akoni, SAN, made copious reference to, Rotimi said that there was nothing before the court on the current state of the suspect’s health.
He said: “It is not a case of denial of fundamental human rights but a case of non-compliance to enjoy that right.
“The suit is intended to gag the EFCC so that they will not take him to court.”
Before Friday’s ruling, Justice Buba had on December 17, 2012 refused to grant an ex-parte order restraining the EFCC from arresting or detaining Babalakin without hearing from the respondents.
Rather, the judge ordered Babalakin to serve the respondents to enable them respond to the motion on notice.
Justice Mohammed Idris had on December 15, 2012 dismissed a similar application by Babalakin 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.
The judge held that failure to depose to such affidavit and file same before the court had robbed the court of its jurisdiction to entertain the matter.
The court vacated the order it earlier granted the applicant permitting him to institute the prohibition suit against the EFCC and subsequently awarded N5,000 cost against the applicant.
Babalakin, alongside Alex Okoh, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited are scheduled to appear before an Ikeja High Court on January 17, 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 a former Governor of Delta State, Chief James Ibori, through third parties, to some foreign accounts under the guise of purchasing a Challenger Jet Aircraft.
They were to be arraigned before Justice Adeniyi Onigbanjo of the Lagos High Court Ikeja on November 29, 2012.
The arraignment was stalled as Babalakin failed to show up, claiming sudden illness that necessitated his hospitalization at the Lagos University Teaching Hospital.
While his lawyers were pleading with Justice Onigbanjo to adjourn the arraignment to enable Babalakin to recover from his illness, he made to stop his trial before Justice Mohammed Idris of the Federal High Court.
Ebun Sofunde, SAN, lead defence counsel to Babalakin, has withdrawn from the case, citing personal reasons
Babalakin is still in LUTH.