Operatives of the Economic and Financial Crimes
Commission (EFCC) were still seen yesterday at the Private Wing of the Lagos
University Teaching Hospital (LUTH), where the Chairman of Bi-Courtney Highway
Services Limited, Dr. Wale Babalakin (SAN), is on admission.
No fewer than 10 policemen have also been
stationed permanently at the entrance to Babalakin’s ward and the immediate
surrounding.
Yesterday marked the third day the EFCC had been keeping Babalakin under arrest in the hospital, a development Bi-Courtney described as a clear violations of his rights.
The agency’s action is in defiance of the order of a Federal High Court, which restrained it from going ahead with his arraignment and trial.
The agency had, on Tuesday, besieged LUTH, where the businessman has been on admission since last Wednesday, with over 20 operatives, including armed policemen, to arrest him.
Meanwhile, some lawyers yesterday condemned the EFCC action.
A Senior Advocate of Nigeria, Dr Joseph Nwobike, described the action of the EFCC as an abuse of power and a violation of the businessman’s right to life and medical care.
Nwobike said: “I understand that the EFCC granted Dr. Babalakin administrative bail which has not been vacated by the commission. I am also aware that the EFCC is aware that Dr Babalakin is ill and he is undergoing treatment at the Lagos University Teaching Hospital.
“So, it amounts to a breach of his fundamental human rights for the commission to disturb his treatment by laying siege on the hospital, thereby worsening his condition.
“The court has adjourned his arraignment to December 12, so the EFCC ought to wait and see if he would not come to court. If at that stage his reason for not appearing in court is not reasonable, the EFCC can then take action under the authorisation of the court to compel him to come for his trial. This is an abuse of power on the part of the EFCC and should be condemned by all.
Another lawyer, Emmanuel Majebi, stated: “As much as I don’t believe that anyone is above the law, I also don’t support or encourage tyranny. If Wale Babalakin is in hospital, the EFCC should wait until he recovers to arrest and prosecute him. What is the desperation all about?
“After all, they have waited six years to file this charge. Once this is allowed to go unchallenged, it becomes a bad precedence which would empower security agencies to go and arrest suspects on their sick bed.
“Without creating a scene, EFCC can keep an eye on him. LUTH is a public institution. They can liaise with the Chief Medical Director via official channels such that he can be monitored. What I don’t like is for the EFCC to barge into the ward and arrest him on his sick bed
Human rights activist, Jiti Ogunye, said that though the EFCC may have a good reason for its action given past experience where suspects feign illness to evade arrest and prosecution, he, however, cautioned the commission to act within the confine of the rule of law.
He said: “Dr. Wale Babalakin was to be arraigned in court last week but before this could be done, he went before the Federal High Court in Lagos to file an action seeking a judicial review of the administered and executive powers of the Attorney General of the Federation and to prohibit the AGF, EFCC and the police from arresting him and he was granted leave by the court.
“As this was taking place, his lawyers told the trial court that he has been hospitalised. While I don’t support security official barging into hospital to disrupt treatment and recovery of citizen, I won’t support anybody hiding behind a false illness to evade the law. However, if his lawyer feels his right to life and medical care has been violated, they can file an action to enforced his rights.
Yesterday marked the third day the EFCC had been keeping Babalakin under arrest in the hospital, a development Bi-Courtney described as a clear violations of his rights.
The agency’s action is in defiance of the order of a Federal High Court, which restrained it from going ahead with his arraignment and trial.
The agency had, on Tuesday, besieged LUTH, where the businessman has been on admission since last Wednesday, with over 20 operatives, including armed policemen, to arrest him.
Meanwhile, some lawyers yesterday condemned the EFCC action.
A Senior Advocate of Nigeria, Dr Joseph Nwobike, described the action of the EFCC as an abuse of power and a violation of the businessman’s right to life and medical care.
Nwobike said: “I understand that the EFCC granted Dr. Babalakin administrative bail which has not been vacated by the commission. I am also aware that the EFCC is aware that Dr Babalakin is ill and he is undergoing treatment at the Lagos University Teaching Hospital.
“So, it amounts to a breach of his fundamental human rights for the commission to disturb his treatment by laying siege on the hospital, thereby worsening his condition.
“The court has adjourned his arraignment to December 12, so the EFCC ought to wait and see if he would not come to court. If at that stage his reason for not appearing in court is not reasonable, the EFCC can then take action under the authorisation of the court to compel him to come for his trial. This is an abuse of power on the part of the EFCC and should be condemned by all.
Another lawyer, Emmanuel Majebi, stated: “As much as I don’t believe that anyone is above the law, I also don’t support or encourage tyranny. If Wale Babalakin is in hospital, the EFCC should wait until he recovers to arrest and prosecute him. What is the desperation all about?
“After all, they have waited six years to file this charge. Once this is allowed to go unchallenged, it becomes a bad precedence which would empower security agencies to go and arrest suspects on their sick bed.
“Without creating a scene, EFCC can keep an eye on him. LUTH is a public institution. They can liaise with the Chief Medical Director via official channels such that he can be monitored. What I don’t like is for the EFCC to barge into the ward and arrest him on his sick bed
Human rights activist, Jiti Ogunye, said that though the EFCC may have a good reason for its action given past experience where suspects feign illness to evade arrest and prosecution, he, however, cautioned the commission to act within the confine of the rule of law.
He said: “Dr. Wale Babalakin was to be arraigned in court last week but before this could be done, he went before the Federal High Court in Lagos to file an action seeking a judicial review of the administered and executive powers of the Attorney General of the Federation and to prohibit the AGF, EFCC and the police from arresting him and he was granted leave by the court.
“As this was taking place, his lawyers told the trial court that he has been hospitalised. While I don’t support security official barging into hospital to disrupt treatment and recovery of citizen, I won’t support anybody hiding behind a false illness to evade the law. However, if his lawyer feels his right to life and medical care has been violated, they can file an action to enforced his rights.
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