Babalakin Sues AGF, 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), accusing them of 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 Limited, Bi-Courtney Ltd, and Renix Nigeria Limited.
They were prosecuted by the EFCC for allegedly laundering N4.7billion.
After two years in court, the judge ruled that there was no basis for the charges and consequently struck them out.
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.
Amongst 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 the evidence.
The criminal charges were filed against Babalakin a day after the federal government terminated the Lagos-Ibadan Expressway concession which was being handled by the prominent lawyer’s company.
The coincidence raised a lot of questions, as it appears 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 not checked, could lead to the indiscriminate trampling on the rights of innocent citizens.