It all began with a harmless presidential media chat. Then, the world of Bi-Courtney and its owner came tumbling down — at least for now. How the failed concessioning of the Lagos-Ibadan Expressway has been allowed to agonisingly linger for so long; taking with it the lives of many innocent Nigerians in daily gruesome accidents is a depressing metaphor of the Nigerian tragedy. But that is not the focus of this column today. Since the story broke a few days ago, I have been watching the drama of the absurd among the three actors — Bi-Courtney, the Federal Government and the Economic and Financial Crimes Commission unfold with bemused interest. Somehow, for those discerning Nigerians who can see beyond the façade playing out, there is a déjà vu feeling that one has seen it all before. The frenzy of a presidential pronouncement, the “immediate effect” revocation by the Minister of Works, the EFCC offensive and a hurried arraignment all seem too boringly familiar. Ok, maybe I am being too much of a sceptic. But it's hard not to be. Not when one is used to the circus by this administration and the EFCC in their so-called war against corruption. Let's even go down the memory lane to examine the Bi-Courtney-Federal Government concession conundrum. It all began in 2009, when Bi-Courtney Highway Services was awarded a Build Operate and Transfer agreement of the Lagos-Ibadan Expressway. The deal which was worth N86.5bn authorised the company to construct the more than 135-kilometre road and run it for 25 years.
But like all road contracts in our country, the agreement never went beyond the dotted lines of the paper signed by both parties. Four years on, the expressway, which is one of the busiest Trunk A roads in the country, has claimed hundreds of lives in some of the bloodiest road accidents witnessed in our nation's treacherous roads. Yet nothing was done to stem the tide of unnecessary waste of lives for four years until now! Instead, both sides intermittently accused the other of being responsible for the delay in a prolonged wrangling that proved deadly to commuters for years. Then like a bolt out of the blue, President Jonathan addressed the nation mid November. In response to a seemingly harmless question, he was asked about the seemingly jinxed contract. President Jonathan expressed concern about the lack of progress and promised that something “definite” would be done about the delay. Then the inquisition began. In a matter of days, the Minister of Works announced the removal of Bi-Courtney. The contract was swiftly re-awarded to Julius Berger and RCC construction companies. The Federal Government dared Bi-Courtney to go to court. Then the EFCC paid him a visit. That in itself was nothing unusual. If the owner of the company, Chief Wale Babalakin, is found to have defaulted on the terms of agreement, he should be made to face the full wrath of the law. Considering that the lives of Nigerians have been wasted on that road, the man and his company must answer questions and be made to pay the penalty for the years the contract was left undone. In other climes, the families of victims who had died or were maimed would have sued the Federal Government and Bi-Courtney for the death of their loved ones. But alas! This is Nigeria where the sanctity of life means nothing.
The story of the failed road contract is nothing strange. This is not the first time huge funds will be awarded to fix critical infrastructure like roads. This is not the first time such funds will disappear with no traces. In our country, contracts are often awarded and re-awarded a dozen times. Mobilisation fees are paid to the contractor who then disappears with the money. The same contract is re- awarded again to another contractor and the weekly bazaar at the Federal Executive Council continues. In spite of the razzmatazz of the current arraignment by the EFCC, I make bold to say that this is another selective trial that is heading for the commission's archives. Let's even for once look beyond the drama of the commission's visit to the Bi-Courtney's chief, his arraignment, his absence in court, the injunction by his lawyers and the “strange” illness that landed him in a decrepit LUTH bed — these are antics we have seen before. Ordinarily, it is gladdening that a man whose company's perceived undoing was responsible for such colossal loss of innocent lives will be made to face trial. But why is he being tried for money laundering instead of his failure to honour the terms of the road contract? Where is the connection? Or, is this another case of selective witch-hunt of a man who has presumably fallen out of favour with the government?
Mr. Babalakin was charged with helping the former Delta State governor, James Ibori, launder money in 2007. This was six years ago. Haba! So the EFCC just woke up and realised that he should be tried for an offence he allegedly committed in 2007. Where was the case file all these years? This man allegedly laundered money for Ibori in 2007, yet three years later his company was awarded a road contract worth billions of naira. Who is deceiving who? Was the government not aware of the case with the EFCC or his alleged criminal dalliance with Ibori before doing business with him in 2009? Why is the government so insincere? Why do they think they can pull the wool over the eyes of Nigerians with their selective war against corruption? Nigerians should not be deceived by this charade. Babalakin and the Presidency will soon sort their issues out. If this case is not a case of selective scapegoating, will ordinary Nigerians have known that Babalakin has a case file with the EFCC? What this means is that an alleged money launderer who has a case to answer still does business with the Federal Government. Can the government claim not to know that he has a case to answer? Why wait till this time? This can only happen in the Animal Farm called Nigeria.
The Babalakin's case looks like the classical EFCC shadow-chasing. It is this same deceitful and selective approach to the fight against corruption that has made Nigerians lose faith in the ability of this government to fight the scourge. There are questions begging for answers here. Why is the money laundering case being resurrected at this time? Why is Babalakin not facing charges on the failed road project? Is the EFCC now suddenly aware of its responsibility which it failed to live up to for six years? Why was he not tried at the time the offence was committed? So now that Bi-Courtney has fallen out of favour with the government, charges outside the road contract have been revived to nail him. I make this prediction with all due sense of responsibility. The case against Babalakin will die a natural death like the former cases. The Federal Government and the EFCC are not sincere in their fight against corruption. Just as an affirmation, Nigeria scored 27 out of a maximum 100 marks to clinch the 139th position out of the 176 countries surveyed in the latest report on global corruption released yesterday by Transparency International. It shared that position with Azerbaijan, Kenya, Nepal and Pakistan. Countries such as Togo, Mali, Niger and Benin fared better than Nigeria. This explains why Nigerians should not be fooled by this spectacle. Somebody please wake me up when this drama is over!
