Chairman of Bi-Courtney Limited, Mr. Wale Babalakin, yesterday challenged the jurisdiction of an Ikeja High Court to hear a N4.7 billion fraud charges suit preferred against them by the Economic and Financial Crimes Commission, EFCC.
Babalakin and his co-defendant, Alex Okoh, stated this in their separate notices of preliminary objection filed by their counsel before Justice Lateef Lawal-Akapo, and 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.
The duo is being prosecuted along 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, 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 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 Jan. 30, 2014.
The presiding judge adjourned the matter till Jan. 20, 2014 for hearing of all pending applications.