Babalakin, others ask court to quash N4.7bn fraud charge

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(Nigeria) The Chairman, Bi-Courtney Ltd., Mr Wale Babalakin, SAN, and his co-defendants on Monday asked a Lagos State High Court sitting in Ikeja, to quash the N4.7 billion fraud charge preferred against them.
They argued that the charge was incompetent, unconstitutional and an abuse of the process of the court.
The defendants made these known in separate preliminary notices of objection filed by their counsel before Justice Lateef Lawal-Akapo.

The Babalakin is standing trial over alleged transfer of N4.7 billion on behalf of a former Delta State governor, James Ibori.
He is being prosecuted alongside Alex Okoh and their companies, Stabilini Visioni Ltd., Bi-Courtney Ltd. and Renix Nig. Ltd., by the Economic and Financial Crimes Commission, EFCC.
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.
Arguing the motion, Babalakin's counsel, said that the joint-prosecution of the defendants by the EFCC and the Attorney-General of the Federation, AGF, was alien to the criminal justice system.
Counsel said that it was unconstitutional for two distinct prosecuting authorities to jointly prosecute an individual for the same offence.
``Our submission is that joint-prosecution is unknown to law. There is no judicial authority to support it. If they fail to show that it has foundation in law, then it is a nullity,’’ he said.
Counsel further argued that the charge was defective because it was only signed by an officer of the EFCC with no representation from the office of the AGF.
In his argument, representing Okoh, said that the charge preferred against his client violated the provisions of Section 36 (a) of the 1999 Constitution.
Counsel said that the proof of evidence did not disclose the details of the alleged criminal conduct by Okoh.
According to him, Section 7 (a) of the EFCC Act under which the defendants were charged, makes it mandatory for the nature of their offences to be disclosed to them. The charge is an abuse of the process of the court because the proof of evidence does not support the charge against them,’’ his counsel added.
Also addressing the court, counsel to Renix Ltd., said that an EFCC Officer, Mr A.M. Yusuf, who signed the charge, had no authority to do so.
``My Lord, our argument is that the fiat given by the Lagos State Attorney-General to the Attorney-General of the Federation is not transferable. Therefore, there is no proper charge before the court; even if there is a proper charge, there is no proper prosecution of the defendants,’’ it said.
The court adjourned till July 14 for hearing on the application.

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