The Economic and Financial Crimes Commission, EFCC, on
Wednesday, June 5, 2013 opposed moves by Chairman of Bi-Courtney Limited, Wale Babalakin to
quash the charges instituted against him at a Lagos High Court, Ikeja.
Babalakin was arraigned by the EFCC, alongside Alex
Okoh and three companies: Stabilini Vision Limited, Bi-Courtney Limited and
Renix Nigeria Limited on January 17, 2013, on a 27-count criminal charge that
borders on conspiracy to commit felony, corruptly conferring benefit on account
of public action and retention of proceeds of a criminal conduct to the tune of
N4. 7 Billion.
The
five defendants had in separate motions prayed that the charges against
their clients be quashed based on the fact that the fiat which gave the EFCC
powers to prosecute the defendants was issued under a law that has been
repealed.
Counsel
to the EFCC, Rotimi Jacobs, SAN, in a counter-affidavit dated February 12, 2013
told the court to disregard that Babalakin’s counsel’s submissions that the
fiat used to initiate charges against his client was obsolete and so was
unreliable. According to him, “it is not the Criminal Justice Law that governs
who can prosecute criminal cases in Lagos state but sections 174 and 211 of the
1999 Constitution.”
This
section, he argued, did not give a monopoly right to institute a criminal suit
against any person to the Attorney General of the Federation or the Attorney
General of a State; adding that other agencies such as the EFCC, the Police,
and the National Drug Law Enforcement Agency have powers to prefer criminal
charges against anyone in any court of law within the Federation. He
pointed out that if the constitution was seen as superseding all other laws
in the country, then its provisions in sections 174 and 211 surpass all other
laws relied on by Babalakin.
He,
therefore, urged the court to discountenance the applications brought by
Babalakin’s counsel, N.O Fagbemi, SAN, saying it was misconstrued and
intended to waste the time of the court.
According
to Jacobs, “that the fiat cannot be used in present day because of repeal is
not correct. The fiat did not mention the year of the law, it only
referred to the Criminal Code Law and the Criminal Prosecution Law, no year was
mentioned. The Law that regulates the fiat is section 81 of the High Court Law
and section 174 and 211 of the 1999 Constitution which gave the Attorney
General of States powers to issue a fiat. It is not only based on the Lagos
state Law that this was initiated, an Act of the National Assembly also gives
powers to prosecute in High courts to EFCC based on the EFCC Act 2004”.
Fagbemi
in a motion of notice dated January 17, 2013 said the first defendant was
applying to quash counts 1 to 12 of the charges against him before the
court. According to him, the fiat issued by the Attorney General of Lagos
State in 2004 on which basis the prosecution preferred the charges had become
obsolete as the Criminal Procedure Law 2003 which was relied on in
granting the fiat has been repealed.
Tayo
Oyetibo, SAN, who appeared for the second defendant also informed the court
about an application dated January 20, 2013 and a written address of same date,
in which he prayed the court to quash the charges against his client. Like the
first defendant’s counsel, Oyetibo also challenged the use of the fiat to
institute the case, adding that the proof of evidence did not support the
charge against his client.
Counsel to the third and fourth
defendant, Roland Oar, SAN, and Joseph Knoblike, SAN, aligned themselves
to the arguments of counsel to 1st and 2nd accused
persons.
Justice Adeniyi Onigbanjo
adjourned ruling on all the applications to July 9, 2013.Wilson
Uwujaren Ag. Head, Media & Publicity
5th June,
2013
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