OPERATIVES of the Economic and
Financial Crimes Commission (EFCC), on Tuesday evening, stormed the premises of
the Lagos University Teaching Hospital (LUTH) and detained the Chairman of
Bi-Courtney Highway Services Limited, Dr. Wale Babalakin (SAN), in his ward.
Babalakin, who was charged last Thursday for allegedly helping former Delta State governor, Chief James Onanefe Ibori, to launder N4.7 billion in May 2006, has been admitted in the hospital since Wednesday.
Before he was charged at an Ikeja High Court, Babalakin, the same day, obtained an order from a Federal High Court, Lagos, restraining the anti-graft agency from taking any step to arraign him before the High Court.
Babalakin was charged following the cancellation, two weeks ago by the Federal Government, of the concession of the Lagos/Ibadan Expressway given to his company in 2009.
On Tuesday evening, over 20 operatives of the agency, including armed mobile policemen, stormed the hospital to arrest him.
However, they were stopped by the hospital management, which denied them access to the ward where Babalakin is admitted.
The operatives, initially, resisted the hospital’s security staff and attempted to force their way into the ward, leading to a face-off that lasted till about 1a.m. yesterday.
When they could not enter the ward, some of the operatives were stationed at the entrance to the ward, restricting Babalakin's movement and some of his aides.
The operatives were still at the entrance of the ward at the hospital’s private wing, where Babalakin is admitted, and its adjoining areas, yesterday evening.
Bi-Courtney, in its reaction to the development, condemned the action of the agency, describing it as a violation of Babalakin’s rights and an attempt to thwart justice.
The statement by the company’s spokesman, Dipo Kehinde, observed: “This is a new trend in judicial administration in Nigeria and it reflects desperation by EFCC to violate provisions of the law and constitution in order to circumvent justice, and a violation of the basic human rights of the citizen.
“It is noteworthy that this brings back sad memories of the days of General Sani Abacha, when the rights of Nigerians were trampled upon with ease.”
The order of the Federal High Court, which restrained the EFCC from proceeding with Babalakin’s trial and arraignment, reads: “Also perusing the amended statement, it is clear that serious issues of constitutionalism and the exercise of powers of public institutions and bodies have been raised.
By the provisions of Order 34 Rule 6 (a) of the Rules of this Court, it appears to me that if the order sought is an order of prohibition and certiorari and leave is granted, the grant should operate as a stay of proceedings to which the appropriate application relates.
“Relief 1 is granted as prayed, an order is hereby made granting leave to the applicant herein to apply for an order of prohibition against the respondents and any other officers, agents, or security agencies of the Government of the Federation, including without limitation to the Nigeria Police Force or the State Security Service, acting by themselves, or through any of their officers, agents, privies or otherwise howsoever, prohibiting them from proceeding with the arraignment or trial of the Applicant further to Charge No.
ID/239C/2012 pending at the Ikeja Division of the High Court of Lagos State, which was preferred by the Respondents.”
Babalakin, who was charged last Thursday for allegedly helping former Delta State governor, Chief James Onanefe Ibori, to launder N4.7 billion in May 2006, has been admitted in the hospital since Wednesday.
Before he was charged at an Ikeja High Court, Babalakin, the same day, obtained an order from a Federal High Court, Lagos, restraining the anti-graft agency from taking any step to arraign him before the High Court.
Babalakin was charged following the cancellation, two weeks ago by the Federal Government, of the concession of the Lagos/Ibadan Expressway given to his company in 2009.
On Tuesday evening, over 20 operatives of the agency, including armed mobile policemen, stormed the hospital to arrest him.
However, they were stopped by the hospital management, which denied them access to the ward where Babalakin is admitted.
The operatives, initially, resisted the hospital’s security staff and attempted to force their way into the ward, leading to a face-off that lasted till about 1a.m. yesterday.
When they could not enter the ward, some of the operatives were stationed at the entrance to the ward, restricting Babalakin's movement and some of his aides.
The operatives were still at the entrance of the ward at the hospital’s private wing, where Babalakin is admitted, and its adjoining areas, yesterday evening.
Bi-Courtney, in its reaction to the development, condemned the action of the agency, describing it as a violation of Babalakin’s rights and an attempt to thwart justice.
The statement by the company’s spokesman, Dipo Kehinde, observed: “This is a new trend in judicial administration in Nigeria and it reflects desperation by EFCC to violate provisions of the law and constitution in order to circumvent justice, and a violation of the basic human rights of the citizen.
“It is noteworthy that this brings back sad memories of the days of General Sani Abacha, when the rights of Nigerians were trampled upon with ease.”
The order of the Federal High Court, which restrained the EFCC from proceeding with Babalakin’s trial and arraignment, reads: “Also perusing the amended statement, it is clear that serious issues of constitutionalism and the exercise of powers of public institutions and bodies have been raised.
By the provisions of Order 34 Rule 6 (a) of the Rules of this Court, it appears to me that if the order sought is an order of prohibition and certiorari and leave is granted, the grant should operate as a stay of proceedings to which the appropriate application relates.
“Relief 1 is granted as prayed, an order is hereby made granting leave to the applicant herein to apply for an order of prohibition against the respondents and any other officers, agents, or security agencies of the Government of the Federation, including without limitation to the Nigeria Police Force or the State Security Service, acting by themselves, or through any of their officers, agents, privies or otherwise howsoever, prohibiting them from proceeding with the arraignment or trial of the Applicant further to Charge No.
ID/239C/2012 pending at the Ikeja Division of the High Court of Lagos State, which was preferred by the Respondents.”
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