We Have Powers To Prosecute Babalakin, Others Before States' Court, Says EFCC

We Have Powers To Prosecute Babalakin, Others Before States' Court, Says EFCC 

The Economic and Financial Crimes Commission (EFCC)‎ yesterday told a Lagos High Court sitting in Ikeja that it has the constitutional power to prosecute the chairman of Bi-Courtney Limited, Dr Wale Babalakin before a state high court.

The anti-graft agency stated this before Justice Lateef Lawal-Akapo, through its counsel, Rotimi Jacobs (SAN) in opposition to an application filed before the court by Bi-Courtney Limited and Babalakin ‎challenging the jurisdiction of the court to conduct the trial.

Babalakin (SAN), Stabilini Vision Limited, Bi-Courtney Limited, Alex Okoh, and his company Renix Nigeria Limited are standing trial before justice Lawal-Akapo on an alleged N4.7 billion fraud brought against them by the commission .

The EFCC alleged that Babalakin and his co-defendants fraudulently assisted convicted 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.

The 27 count charge borders on conspiracy, retention of proceeds of criminal conduct and corruptly conferring benefit on account of public action.

At the resumed hearing of the matter on Monday, Jacob contended that Section 286 of the Constitution ‎permits State High Court to entertain federal offences.

The lawyer, who cited the provision of Section 60 of Administration of Criminal Justice Law to buttress his argument, insisted that Federal High Court does not have exclusive jurisdiction to entertain criminal matters.

On the issue of general fiat issued by the Attorney General of the Federation, Jacob said the only person who can complain about not getting the said fiat is the Lagos State Attorney General himself and not any of the party before the court.

"The only person who can complain for initiating a charge on the state Law is the Attorney General of the state.

"And in this case, the Lagos State Attorney General is not complaining at all.

"Even if the fiat is required, one has been obtianed in this case and has been tendered as exhibit before the court", Jacobs argued.

The EFCC counsel said both EFCC and the Attorney General of the Federation are authorised by Law to initiate criminal proceeding, adding that the fact that both bodies jointly initiated the charges against the defendants does not make it illegal.

"If 2 authorities are permitted by Law to prosecute is not an abuse. The Federal High Court does not have exclusive jurisdiction on criminal proceedings", Jacobs submitted.

It would be recalled that the defendants had earlier argued that EFCC lacked the power to prosecute them before a state high court without a valid fiat.

The defendants counsel, Wale Akoni (SAN)‎, and others argued that defendant was not properly informed of the details of the charge as it was stated in the Constitution. 

They argued th‎at all essential ingredient of the offence must be shown on the face of the charge.

"For a valid charge to be brought under Section 98, there must be disclose on the face of the charge the existence of a public officer on account of whose action of commission either the public officer or any other person was corrupted benefited."

Further hearing of the matter continue today (Tuesday).