9th December, 2013
Henry Ojelu & Oluchi Chiowa
The embattled Chairman, Bi-Courtney Ltd., Dr.Wale Babalakin and his co-accused today challenged the jurisdiction of an Ikeja High Court to entertain the N4.7 billion fraud charges preferred against them by the Economic and Financial Crimes Commission (EFCC).
The defendants who made this known in separate notices of preliminary objection filed by their counsel before Justice Lateef Lawal-Akapo also argued that the EFCC lacked the power to prosecute them before a state high court without a valid fiat.
Babalakin is standing trial for allegedly transferring N4.7 billion on behalf of convicted former Delta State Governor, James Ibori.
He is being prosecuted alongside Alex Okoh and their companies — Stabilini Visioni Ltd., Bi-Courtney Ltd. and Renix Nigeria Ltd.
The defendants are facing a 27- count charge bordering on conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.
Babalakin’s counsel, Mr Wale Akoni (SAN), today asked the court to “dispense of his physical appearance” in court until the preliminary notice of objection is determined.
The EFCC counsel, Mr Rotimi Jacobs (SAN), while opposing Akoni’s request, said since Babalakin was representing two of the accused firms – Bi-Courtney Ltd. and Stabilini Visioni Ltd- there was no way his presence in the dock could be dispensed with.
In his ruling, the judge granted Akoni’s request citing a decision of the Court of Appeal, delivered in June 2013 which held that an accused person challenging the competence of the charges preferred against him or her could stay away from court pending the determination of such application.
After Lawal-Akapo delivered his ruling, counsel for Okoh, Mr Olaniran Obele, urged the court to adopt the ruling for his client, a request the court also granted.
He directed the Police and the EFCC not to re-arrest Babalakin because the bail earlier granted him by the former trial judge, Justice Adeniyi Onigbanjo, was still in force.
The judge also ordered the EFCC to release Okoh’s international passport to enable him embark on two business trips between December 2013 and January 2014.
Lawal-Akapo said Okoh should return the international passport to the EFCC not later than January 30, 2014.
The judge adjourned the matter till January 20, 2014 for hearing of all pending applications.