The Nation Newspaper

Tag: Babalakin

  • Babalakin loses over N80b in Federal Secretariat’s concession row

    Babalakin loses over N80b in Federal Secretariat’s concession row

    THE failure of the Federal Government to honour its obligations under the Public Private Partnership (PPP) arrangement for the conversion of the Federal secretariat to resident apartments for Nigerians in the Diaspora cost the concessionaire N80 billion.

    Dr. Wale Babalakin, the chief executive officer of Resort International Limited – the owner of the Federal Secretariat – made this disclosure at the Infrastructure Policy Commission session at the Nigeria Economic Summit  (NES).

    The session was moderated by the Managing Director of United Bank for Africa (UBA), Mr. Philips Oduoza, yesterday in Abuja.

    He lamented what he called the “colossal losses suffered” by his company because of government’s tardiness.

    Babalakin told the gathering that “the total loss on the project is in the excess of N80 billion”.

    He alleged that it was the failure of the Federal Government to honour its obligations under the agreement that stalled the project.

    Babalakin said before Resort International Limited entered into the agreement, the “the Development Lease Agreement actually anticipated this scenario”.

    “Clause 3.2(iv) provides that that the Federal Government shall facilitate the obtaining of a ‘No Objection Approval’ from the Government of Lagos State to change of use of the premises from offices to residential apartments,” he said.

    On the controversial Lagos-Ibadan Expressway, Babalakin was also concerned that three years after, the road was still in a mess, stressing that “by now, the concessionaire would have completed the project to the benefit of Nigerians”.

    He decried the sale of assets to the Asset Management Company of Nigeria (AMCON), noting that “the assets were sold at 100 per cent”. “The implication of this is that they were good assets,” he added.

    In what he described as a “breach of Nigerian laws,” Babalakin said: “A Federal Government agency moved against those assets. It was a wrong and disgraceful move. Rightfully, the court upheld the rights of the concessionaire and dismissed the claims of AMCON.”

    As a result of government’s infraction of a court order, Babalakin noted that “in law, Bi-Courtney and also its sister companies are not indebted to AMCON”.

    “On the contrary, Bi-Courtney is a net creditor to the Federal Government. Painfully, the system does not realise that once government is a bad debtor, no serious economy can be  created.”

    The coincidence between the termination of Lagos Ibadan project and the institution of criminal charges, he said, confirmed the existence of an agenda that was not based on the laws of criminal prosecution.

    Babalakin noted that the attitude “lacks respect for sanctity of contracts and the Rule of Law with attendant lack of investor security, corruption and malice being propagated in the country.

    He said PPP is a very important way of bridging the infrastructural deficit in Nigeria, stressing that “the process has been poorly implemented by those in charge of the reins of power”.

    On the way out of the problem, Babalakin and other speakers noted that “enlightenment must take place at a very high level to educate the populace that PPP is for the overall good of all. There must be an end to the triumph of mediocrity.”

    The Director General of the Infrastructure Concession Regulatory Commission  (ICRC), Mr. Aminu Diko, said the ICRC law was very weak. He said there was a bill before the National Assembly to amend the ICRC Act with a provision for the name of the commission to be changed because it’s acronym is similar to that of the  International Community of the Red Cross.

    Giving the bad experiences narrated by some of the concessionaires and PPP operators, many speakers recommended enhanced capacity of public sector participants.

  • How govt can overcome public infrastructure deficit, by Babalakin

    How govt can overcome public infrastructure deficit, by Babalakin

    The nation’s quest for massive development in critical public infrastructure will remain a mirage without a change of attitude by public officers, renowned lawyer and businessman, Dr. Wale Babalakin (SAN), has said.

    He argued that the practice, where public officers do not respect terms of contracts and agreements, but see private investors in public infrastructure as either competitors or inferior partners, would continue to work against the quest to overcome the deficit in the provisions and maintenance of public infrastructure.

    Babalakin, one of the nation’s pioneer investors in public infrastructure development, spoke in Abuja on Monday at a session organised by the Construction and Infrastructure Law Committee of the Nigeria Bar Association (NBA) at the association’s annual conference. The theme of the session was: “Ending the scourge of abandoned projects in Nigeria.”

    Speaking on the sub-theme: “The role of private sector and why there is failure in private infrastructural development,” Babalakin argued that the failure of most public and private sectors partnerships (PPP) in the development of public infrastructure was not due to inadequate funding, but  of deliberate acts of sabotage by public officials.

    Babalakin said it was impossible for the government to fully meet the nation’s infrastructure need without the involvement of the private sector, particularly in the face of dwindling national revenue from oil sales. To him, achieving success requires conscious effort by the government to protect private investors from activities of self-centered public officials.

    He noted the  financial reality in the country requires that “we must find a way of creating wealth. We cannot continue to distribute largesse.” And that the parameters for wealth creation must be well protected rather than threatened.

    Babalakin, who cited examples of how negative attitude of government officials hadhelped to destroy beautifully conceived private initiatives in the past, said, but for lack of cooperation from government officials, such projects that would have helped resolved the current infrastructure deficit, were frustrated.

    He equally spoke about  the involvement of his company – Bi-Courtney Aviation Services Limited – in the development of the Murtala Muhammed International Airport, Lagos (the MM2 project) and the unsavoury experience, resulting from attempts by government officials to frustrate its operations, by constantly flouting terms of the contract.

    “From day one, government has violated every clause of the agreement. To the extent that even the intervention of the regulatory body did not deliver a final solution. We have been to courts and we won at every court.

    “But till today, we are denied of 60 per cent of our earnings because of the refusal to abide by the terms of the contract. And I said to myself, who is losing? Of course, the nation is losing, because we have judgment of about N132billion damages against the government as at 2010,” Babalakin said.

    He argued that, had government officials planned and engaged in rigorous thinking, the current fall in government revenue would not have had huge impact on government’s spending capacity because there were sufficient indicators before now, of impending fall in revenue.

    “The substantial buyer of the Nigerian oil is the United States. The US government gave notice that in a few years, it would no longer buy oil from Nigeria. It went further to say it was likely to become self-sufficient in oil production and there was no panic. Rather, we continued.

    “The substantial buyer of the Nigerian oil is the United States. The US government gave notice that in a few years, it would no longer buy oil from Nigeria… There was no panic in government circle…Today, the price of oil is hovering around $46 per barrel. And if you are making future sale, you have to give substantial discount. So, that budget, as it is, has failed”

    “There was no panic in government circle. All we were told was that we had plan A;  we have plan B, and we have plan C. One of the plans was budgeting at $60 something per barrel, which was later reduced reluctantly to $50 something. Today, the price of oil is hovering around $46 per barrel. And if you are making future sale, you have to give substantial discount. So, that budget, as it is, has failed,” he said.

    Babalakin asserted that “as long as the government remains irresponsible, you cannot have development.  He added that “from my experience, I actually believe that there is a deliberate intention on the part of those in power for projects to fail.”

    He said there was need for those responsible for the current state of affairs to account for their actions that contributed to the currently failure of government to address existing infrastructure deficit.

  • Judge withdraws from Babalakin’s suit against AGF, EFCC

    Judge withdraws from Babalakin’s suit against AGF, EFCC

    Justice John Tsoho of the Federal High, Lagos, on Monday withdrew from adjudicating over a fundamental rights suit filed by Chairman of Bi-Courtney Limited, Dr. Wale Babalakin (SAN).

    It follows Babalakin’s petition to the Chief Judge, Justice Ibrahim Auta, praying him to re-assign the case to a different judge.

    The suit is a fundamental rights enforcement action against the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

    Babalakin is seeking an order barring them from arraigning him on criminal charges filed at the Lagos State High Court, Ikeja.

    Through his lawyers Wale Akoni (SAN) and Abiodun Layonu (SAN), Babalakin in the June 19 petition, said there was no guarantee he would get justice from Justice Tsoho.

    According to him, the judge vacated an interim injunction he made on April 29, barring the respondents from going on with the proposed arraignment pending the determination of the fundamental rights enforcement suit.

    In the ruling, Justice Tsoho said the ex-parte order granted Babalakin was intended as a brief intervention to prevent injury and not meant to last a long time.

    He explained that the order had outlived its lifespan and was no longer valid.

    “If the applicants had filed their application early, the respondent would have responded appropriately. But this case will be adjourned without an award of cost. An ex-parte order is meant to be a brief intervention to prevent injury and not meant to last a long time.

    “Therefore, the order has outlived its life span and is hereby discharged, but the respondent should not take any action that will jeopardise this proceeding,” the judge said.

    Before the ruling was delivered, EFCC’s lawyer Rotimi Jacobs (SAN) had prayed the court to discharge the restraining order.

    He said it had been abused by the applicant who he said failed to file the rights enforcement application within the five days interval ordered by the court, but instead served it on the respondent at the court premises almost 30 days later, contrary to the court’s order.

    However, Babalakin’s lawyers said the judge discharged the order “without a formal application from the respondents.” They prayed that the case be re-assigned to another judge.

    Babalakin had in April sought to stop the AGF and the EFCC from arraigning him again on an alleged N4.7billion fraud.

    A Lagos State High Court had in February this year discharged him from the allegation.

    Justice Lateef Lawal-Akapo, who discharged Babalakin, his two companies, Bi-Courtney Limited and Stabilini Visinoni Limited, along with one Alex Okoh, and his company, Renix Nigeria, described the 27-count charge filed against them as being “incurably bad.”

    The judge had held that none of the 27 counts filed by the EFCC against Babalakin and others constituted an offence under the laws of Nigeria.

  • Babalakin, others explain why govt can’t fund projects

    Experts yesterday advised the government to genuinely encourage Public Private Partnership (PPP) and the rule of law to increase the pace of the nation’s development.

    This submission was made at the Fourth Akindelano Legal Practitioners (ALP) seminar series, at the Oriental Hotel in Lagos.

    Participants at the event expressed fears that the country might remain impoverished and stagnated unless government’s regulatory bodies stop acting as competitors with private business concerns.

    Examining major commercial, legal and practical issues facing Nigerian businesses, the experts noted insecurity and inconsistent government policies as part of the problem.

    They urged government to look for alternative finance mechanism by partnering the private sector, rather than relying on banks for loans.

    Speakers at the gathering included Chairman, Bi-Courtney,  Dr. Wale Babalakin (SAN) as well as Director General, Infrastructure Concession Regulatory Commission (ICRC), Aminu Diko.

    Babalakin, who spoke on the “Suitability of PPP in the Nigerian Terrain”, said the country’s total revenue in the last three years equalled its total expenditure.

    Reiterating that the Federal Government was bankrupt,  Babalakin stated that funds spent on capital projects were borrowed.

    According to him, the greatest challenges facing the country were ignorance and malicious refusal to understand, urging the government to uphold the rule of law.

    He said: “Nigeria is not a rich country. In the last three years, Nigeria’s total revenue has been equal to its total expenditure. So, money spent on capital projects is being borrowed. The government is bankrupt; so it will never be able to fund major projects.  No federal road has been completed in less than 10 years.

    “At the opening of the Murtala Muhammed Airport Two (MMA2) in May, 2007, I said the greatest challenges we faced were ignorance, malicious refusal to understand and malice. The government failed to honour the agreement on MMA2 from day one and started competing with us.

    “The Federal Airports Authority of Nigeria (FAAN), a regulatory body, was also acting as an operator. Government closed the General Aviation Terminal, but a new minister opened it for competition, thereby reducing our revenue.

    “We went for arbitration and they ruled in our favour. We went to court, fighting about six parties, and won all the cases. The Federal High Court, Abuja, awarded damages of N132 billion to us, but the government is yet to pay or honour the agreement. We were stopped from building a hotel and conference centre at the airport for no reason, but the ban was raised two weeks ago. One of the things keeping us going at MMA2 is a set of lawyers who have been fighting passionately.

    “The case of the Lagos/Ibadan Expressway is worse. I had a meeting with the former President, Goodluck Jonathan, on a Friday and he told me to go ahead with the project. But the project was stopped on the following Tuesday.

    “It’s time to stop pretending and start upholding the rule of law. If PPPs are not encouraged, the country will remain impoverished and continue to move at a very slow pace.”

    For Diko, who spoke on “Attracting finance for PPP Projects in a globally competitive market,” insecurity, inconsistent government policies, disrespect for the rule of law and incapacity of supervising government agencies, were the four major challenges facing effective private sector participation in economic development.

    Blaming the government for myriads of litigations arising from PPPs, Diko said they emanated as a result of failure to honour concession agreements.

    In his keynote address,  Chairman, Altra Capital Ltd, United Kingdom,  John Davies explained why banks are not lending.

    He said the single most important thing that sponsors must do to be taken seriously by the financial world “is to prepare very high quality business plans which come from using experienced advisers”.

    At the event were the Managing Director, Investment Banking, United Capital Plc, Wale Shonibare; the Co-Head, Infrastructure Finance at Rand Merchant Bank, Nigeria, Ato Gyasi; Managing Director, Travant Capital Partners, Sanyade Okoli; Country Manager, International Finance Corporation (IFC), Nigeria Ms Eme Essien, and the Managing Director of Infrastructure Bank Plc, Adekunle Oyinloye and others.

     

  • Babalakin: Nigeria’s business environment hostile

    Babalakin: Nigeria’s business environment hostile

    Bi-Courtney boss, Mr Wale Babalakin (SAN), has described the business operating environment in the country as “very frustrating”, “nerve-racking” and “nerve- cracking”.

    Speaking as guest lecturer at the Obafemi Awolowo University Muslim Graduates’ Association (UNFEMGA) yearly reunion convention in Ile-Ife, Osun State, he lamented that factors that make business thrive are either non-existent or operate at sub-optimal level.

    With challenges of doing business in Nigeria: The Muslim options as the theme of his talk, he described business as “a terrain for the lion hearted”.

    “We are talking about doing business in Nigeria when electricity is still a scarce commodity. The less than 4,000 megawatts that is available can only provide electricity for 40 million Nigerians at one bulb per person. This is a nation of about 170 million. If we are doing business, what are we doing?  Business is about creating a competitive edge and strategy,” he said.

    He blamed Nigeria’s poor manufacturing capacity on the difficult business terrain, which he said has made the country unable to compete globally.

    He said: “What business do we have in Nigeria? Apart from oil, I hear that Nigeria is a giant of industry. A country that assembles semi-finished products calls itself a business country. Is that industry?

    “What is Nigeria content? Is it the plug? Or is it the tyre?  I am not aware of any products manufactured in Nigeria. Volk Wagen came to Nigeria and went to Brazil at the same time 40 years ago. The same company established in Brazil then now produces aircrafts, while Nigeria is still assembling. Talking about agriculture, I once went round to see how far we have gone but couldn’t find any mechanised farming. Farming is not about planting one or two crops at the back of your house but large scale farming that can be sufficient for all.”

    Babalakin said Nigeria is experiencing difficulties because it has not fixed its education sector.

    “We are always so short-sighted. When the standard of education was going down we started sending our children abroad. But for how long? because if you don’t curtail mediocrity it will spread and catch up with all of us. When you look at it, the amount of money parents spent on education abroad exceeds government budget on education. If such money is spent nationally to upgrade our universities to international standard, it will provide quality students which will be readily available for the market and in turn the market will expand and economy will improve,” he said.

    Despite the challenges of doing business in Nigeria, Babalakin said Nigerians should not give up.  If they fail, he advised them to learn from their failure and try again.

    “Nigeria is tough but it is a land of opportunities. Remember nobody is going to help us unless we help ourselves,” he added.

  • Babalakin sues EFCC for malicious prosecution

    THE Chairman of Bi-Courtney Ltd, Dr. Wale Babalakin (SAN), has sued the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) for “making desperate efforts to prosecute him maliciously”.

    Babalakin, who is seeking a judicial review of the actions of the AGF and EFCC, had on February 23, 2015 been discharged by Justice Lateef Lawal-Akapo of a Lagos High Court, along with Alex Okoh, Stabilini Visinoni Ltd, Bi-Courtney Ltd, and Renix Nigeria Ltd. They were prosecuted by the EFCC for allegedly laundering N4.7 billion.

    After two years in court, the judge ruled that there was no basis for the charges and consequently struck out the charges. He discharged Babalakin and other defendants.

    The court observed that the entire 27 charges did not contain any single charge that constituted an offence under the laws of Nigeria.

    Following reports that the EFCC was planning to file the same charges against him on the same subject matter and on the same provisions of the law, Babalakin promptly approached the Federal High Court, seeking protection and a Judicial Review of the actions.

    The court presided over by Justice Tsoho on April 29, 2015, granted a restraining order against EFCC prohibiting the agency from proceeding with the action pending the determination of the suit.

    Among the issues raised by Babalakin in the affidavit filed on his behalf is that EFCC had continued to act in breach of all rules of prosecution in his pursuit. Babalakin stated that he was declared wanted by EFCC, barely 30 minutes after he spoke to its officials, in a bid to embarrass him as there was no basis for the declaration.

    He also alleged that after he had been charged to court, EFCC summoned him to take further statements, which showed clearly that it had no case against him as at the time of filing the charges and was only out to  implicate him at all cost irrespective of evidence.

    It would be recalled that the criminal charges were filed against Babalakin a day after the Federal Government terminated the Lagos Ibadan Concession, which is being handled by the prominent lawyer’s Company.

    The coincidence raises a lot of questions, as it appeared that the charges were filed to gag him and prevent him from challenging the termination of the Public Private Partnership (PPP) project. Babalakin is a pioneer of PPP in Nigeria, and only recently, MMA2, which is run by his company, has been adjudged the best terminal in Nigeria and the first privately owned airport terminal in the country.

    Babalakin’s lawyers decried what they described as the pervasive powers of EFCC, which, if it is not properly exercised, could lead to the indiscriminate trampling on the right of innocent citizens.

     

  • Babalakin: Caring in the face of ‘persecution’

    Babalakin: Caring in the face of ‘persecution’

    Then I heard that Dr B. O. Babalakin, fondly referred to by his colleagues in the office and friends as BOB, sponsored an eye treatment programme in Zaria, Kaduna State, on the platform of the Ramotu Ibironke Foundation (a foundation named after his late mother) to commemorate the 40th anniversary of the reign of the Emir of Zaria, Alhaji Dr Shehu Idris, I was touched and a lot of things came to my mind. First I was compelled to go down memory lane. I met BOB fortuitously. I was undertaking my youth corps service at a hotel in Uyo, Akwa Ibom State. He came to Uyo frequently then. What I found most attractive about him was his humility. He spoke very kindly to us at the reception. That was a marked contrast to other prominent visitors to the hotel. He never checked out of the hotel without asking how we were doing, with emphasis on what our plans were for the future. His conduct surprised me. How could a man who was clearly very busy have time to think about the plight of the lowly staff of the hotel?

    After my youth service, I lost touch with him, but a friend of mine kept in touch with him. The last time I saw my friend, who incidentally is Wale by name, he told me about certain events in his life, which sounded like a fairy tale. He told me that after our youth service, Dr Babalakin sponsored him to the University of Leeds in England for a postgraduate programme in Business Administration. On completing the programme, he offered him employment in Bi-Courtney Aviation Services Limited. Interestingly he did not insist that Wale had to work for him.

    What Dr Babalakin did for Wale was a tip of the iceberg, as I later found out that BOB was, at a stage, sponsoring 47 students in schools abroad and only about seven of them were well-known to him. The remaining40 were simply fortunate like my friend, Wale. Dr Babalakin was also sponsoring over 200 students in various Nigerian universities.

    Dr Babalakin has done similar eye programmes in his hometown of Gbongan in Osun State and Owo in Ondo State, where his maternal grandparents were born before they migrated to Zaria. BOB’s mother was born in Zaria. She met and married his father there.

    In recent times, Dr Babalakin has made significant contributions to the education sector. BOB built an 80-bed hostel at the University of Ilorin (UNILORIN) in honour of his father, Justice B.O.Babalakin, a retired Supreme Court judge. He also built a 500-capacity auditorium at the Moshood Abiola Polytechnic in Abeokuta, the Ogun State capital, in the memory of his mother.

    Dr Babalakin’s days as the pro-chancellor of the University of Maiduguri (UNIMAID)  and the chairman of the Committee of Pro-chancellors remain indelible. His exceptional contributions to education during his four-year tenure are quite numerous. There is no doubt in my mind that he changed the perception that the appointment of pro-chancellors is purely political and is meant to massage the ego of prominent citizens. Dr Babalakin showed that a pro-chancellor must have vision and genuine commitment to the development of education.

    During his tenure, over 50 major projects were inaugurated at UNIMAID.

    Dr Babalakin’s ingenuity providedelectricity to UNIMAID and ensured an average of 20 hours supply daily without recourse to generator. UNIMAID is the first university in the country to enjoy this. To BOB’s credit, the university’s library was upgraded. He provided counterpart funding for the project. Dr Babalakin also contributed to the development of the university’s College of Medicine.

    Other projects actualised during his tenure include the building of new faculties of Pharmacy, Clinical Sciences, Fine Arts and Dentistry; two 500-seater auditoriums, 1,000-capacity auditorium, the development of an e-library, a new campus radio station, the dualisation of the university’s entry gate and the provision of solar-powered street lights.

    To boost UNIMAID’s IGR, a 53-bed hotel was built in Abuja on land that was allocated to the university in 1978. The university had had over 15 pro-chancellors before him, but it took the vision and determination of BOB to implement the project.

    He built more structures in the university during his tenure than was achieved since the establishment of the institution.Dr Babalakin did all these without collecting a dime of the allowances due to him. For him, Nigerians need to make sacrifices to reposition the education sector. And that was exactly what he did.

    It is worthy of note that during his four-year tenure as the chairman of the Committee of Pro-Chancellors and that of the Implementation Monitoring Committee (IMC) of the 2009 Agreement between the Federal Government and the Academic Staff Union of Universities (ASUU), ASUU never went on strike. That was the first time in the history of the Nigerian education system that the universities were free of strike. Dr Babalakin maintained an open communications channel and put his negotiating skills to good use.

    His love for expanding the country’s knowledge base can be better understood if juxtaposed with his personal story: At 26, the chairman of Bi-Courtney Limited already had a doctorate degree in law from the University of Cambridge. For his sacrifices, the university community and the citizens of Borno State hold him in high esteem.

    For a man who has done this much to better the society, I am at a loss as to why he was the target of so much persecution.Also, I find it intriguing that while he was undergoing personal and financial crises, he still found it in his heart to assist others. The fact that he was charged to court by the Economic and Financial Crimes Commission (EFCC) on allegations that have been proved to be baseless did not deter him from the path he is convinced is the right one. He was declared wanted by EFCC 30 minutes after speaking with the commission’s agents. This could only have been designed to embarrass him and was certainly an abuse of state power.

    In addition to the blows from the EFCC, the Assets Management Corporation of Nigeria (AMCON) also waged a callous war against him under the guise that his companies were indebted to some banks. In a desperate move, AMCON tried to take over his assets in a manner that the courts have described as an abuse of the judicial process. As it turns out, it is AMCON that is indebted to Dr Babalakin and his companies, not vice-versa.

    I salute Dr Babalakin’s rare courage, brilliance, conviction and charity. Most men in his shoes would be cowed by these events and won’t contemplate assisting the less-privileged. But not Babalakin. Instead the fire of compassion in him rages on.

    For people like me who he has made a tremendous impression on, we will forever pray for him and wish him well. He is the sort of man our country needs. If more rich people toe his path, we will all be better for it.

    What more can I say? More power to your elbow!

    Adeyeye, an I.T. engineer, sent this piece from Port Harcourt.

  • Free eye surgery beneficiaries pray for Babalakin

    Over 10,000 beneficiaries of the free eye surgery/treatment exercise that ended in Zaria yesterday held a prayer session for Dr. Wale Babalakin, who sponsored the exercise through a foundation named after his mother, Ramotu Ibironke Babalakin.

    The beneficiaries were treated for cataract, glaucoma and other related visual challenges, during the exercise commemorating the 40 years coronation anniversary of the Emir of Zaria, Alhaji Shehu Idris.

    While presenting eye glasses to some of the patients who had been operated upon, Dr. Babalakin said, the gesture was in remembrance of his mother’s birthplace and celebration of the Emir on his 40th year on throne.

     

    He said: “We are happy that with this exercise, 10, 000 people were screened, 9000 people were treated, 1000 surgeries were performed, and 4000 received glasses.

    “My father was working with the civil service in Zaria, where he met my mother. The reign of the Emir has seen peace and progress and we must continue to support him.”

    He promised the Emir that he would think of other areas through which he could further touch the lives of the people of Zaria.

    The Emir, who described Babalakin as a Zaria boy and a good son, hailed the businessman for his tireless efforts towards assisting humanity and prayed that God should continue to assist and uplift him.

    The Chief Imam of Zaria and the Zazzau Emirate Council prayed for Babalakin inside the Emir’s Palace.

    Before the Zaria event, RIBF had treated over 1000 eye patients in Gbongan, Osun State hometown of Justice Babalakin, where many surgeries were carried out while a large number of eye glasses were also distributed to the needy.

    The Foundation replicated this in Owo Local Government Area, where more than 5000 patients were treated.

     

  • N4.7b fraud charge: Court frees Babalakin, four others

    •No basis for charges, says Judge

    A Lagos High Court, Ikeja has discharged the chairman of Bi-Courtney Limited, Chief Olawale Babalakin, of the allegation of N4.7 billion fraud preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Lateef Lawal-Akapo also discharged four others charged with him for similar offences.

    The four other defendants include Babalakin’s companies, Stabilini Visinoni Limited, Bi-Courtney Limited and Alex Okoh and his company, Renix Nigeria Limited.

    Ruling on an application to quash the charges filed by Babalakin and co-defendants, Justice Lawal-Akapo formulated four issues raised by the defendants to determine his ruling.

    The issues, according to the judge, are:

    •whether the EFCC can prosecute a defendant without fiat;

    •whether James Ibori is a public officer;

    •whether two prosecuting authorities can jointly sign a charge; and

    •whether the charge on the surface contains sufficient information.

    The judge, however, resolved three of the issues in favour of the defendants and only upheld that the EFCC had the power to prosecute any criminal matter in court without fiat.

    The EFCC charged Babalakin and others to court on a 27-count of conspiracy, retention of proceeds of criminal conduct and corruptly conferring benefit on account of public action.

    The commission alleged that Babalakin and his co-defendants fraudulently assisted former Delta State Governor James Ibori to transfer money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.

    But the defendants pleaded not guilty to the 27-count charge.

    Babalakin and co-defendants, through their counsel, filed separate applications, praying Justice Lawal-Akapo to quash the N4.7 billion charges.

    They hinged their prayer on the position that the EFCC, as a federal agency, lacked valid fiat to prosecute them in a state high court.

    The defendants, through their counsel, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN), Mr. Roland Otaru (SAN), Dr. Joseph Nwobike (SAN) and Mr. Oladapo Akinosun, argued that the state high court had no jurisdiction to hear offences brought under the EFCC Act.

    The lawyers posited that the charges against the defendants were predicated on repealed laws of Lagos State and urged the court to quash same.

    They also argued that the defendants were not properly informed about the facts of the offence they were charged with as stated in the constitution.

    They argued that they were not informed of the details of counts 2 to 13 of the offences they were alleged to have committed and that neither did they constitute an offence under the country’s written law.

    EFCC, through its lawyer, Mr. Rotimi Jacobs (SAN), opposed the applications of the defendants.

    Jacobs told the court that the EFCC had the constitutional right to prosecute the defendants before a state high court.

    He contended that Section 286 of the Constitution permits state high court to entertain federal offences.

    On the fiat issued by the attorney general of the federation, Jacob had submitted that the only person who could complain about not getting the said fiat was the Lagos State attorney general and not any of the party before the court.

    He argued that both EFCC and the attorney general of the federation were authorised by law to initiate criminal proceeding, adding that the fact that both bodies jointly initiated the charges against the defendants did not make it illegal.

    However, Justice Lawal-Akapo upheld the argument of counsel to the defendants that the EFCC had not disclosed enough information to sustain the allegation made against the defendants.

    The judge, among others, held that the EFCC, for instance, did not disclose the particulars of the offences allegedly committed, when the offences took place.

    “The amended information filed on May 7, 2013 is incurably bad and ineffective,” Justice Lawal-Akapo said.

    The judge also held that James Ibori, who was alleged to have corruptly conferred the N4.7 billion on Babalakin, was not a public officer as stated in the charge.

    On prosecuting authorities jointly signing a charge, the judge agreed with the defendants that the trial was a joint prosecution between the EFCC and the attorney general of the federation.

    Justice Lawal-Akapo discharged Babalakin and his codefendants and threw out the matter.

  • Alleged fraud: Court discharges Babalakin, four others

    Alleged fraud: Court discharges Babalakin, four others

    Freedom came the way of chairman of Bi-Courtney Limited, Chief Olawale Babalakin, on Monday as a Lagos High Court, Ikeja, discharged him from the N4.7 billion fraud allegation filed against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Lateef Lawal-Akapo also discharged four others charged along with him for similar offences.

    The four other defendants are – Babalakin’s companies, Stabilini Vision Limited, Bi-Courtney Limited and Alex Okoh and his company, Renix Nigeria Limited.

    Ruling in an application for quash of charges filed by Babalakin and co-defendants, Justice Lawal-Akapo, formulated four issues raised by the defendants to determine his ruling.

    The issues, according to the judge, are whether the EFCC can prosecute a defendant without fiat, whether James Ibori is a public officer, whether two prosecuting authorities can jointly sign a charge and whether the charge on the surface contains sufficient information.

    Justice Lawal-Akapo, however, resolved three of the issues in favour of the defendants and only upheld that the EFCC has the power to prosecute any criminal matter in court without fiat.

    The EFCC had arraigned Babalakin and co-defendant on a 27-count charge bordering on conspiracy, retention of proceeds of criminal conduct and corruptly conferring benefit on account of public action.

    The commission had alleged that Babalakin and his co-defendants fraudulently assisted former Delta State Governor, James Ibori ,to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.

    But the defendants pleaded not guilty to the charges.