• Lawyers, others disagree on EFCC's presence at hospital
THOSE who are still wondering about the nature of the sickness of the chairman of Bi-Courtney Limited, Dr. Wale Babalakin, who is allegedly receiving treatment at the Lagos University Teaching Hospital (LUTH), Idi-Araba, Lagos, instead of facing corruption charges may not find ready answers.
The Chief Medical Director of LUTH, Prof. Akin Osibogun, told The Guardian Sunday that there would not be answers because the hospital authorities were not under obligation to disclose what ails Babalakin.
Upon The Guardian's enquiries into the nature of the sickness of Babalakin, Osibogun, said: "I cannot tell you that. I cannot even tell the wife unless I have to. If you come here and we discover that you have gonorrhea do you expect me to tell your wife? It is against our ethics to do that unless there is a strong directive from above or by a court of law."
On when Babalakin will be discharged, Osibogun said: "I will talk to the consultant treating him. It is the direct consultant treating him that is in the position to know that."
On the security operatives of the Economic and Financial Crimes Commission (EFCC) at the hospital, Osibogun said : "I heard there are security operatives around the place. There is nobody disturbing us inside the ward and nobody has given me a court order not to treat him. I am not responsible for any of the security operatives hanging around.
"The security operatives are not disturbing us apart from the psychological effect they can be having on the staff."
The Guardian learnt that the EFCC's operatives have been hovering around the hospital premises with a view to arresting the lawyer immediately he is discharged.
Operatives of the EFCC besieged LUTH since last Tuesday to arrest Babalakin allegedly in defiance of the order of a Federal High Court which restrained the anti-graft agency from going ahead with his arraignment and trial.
EFCC's spokesman, Wilson Uwujare, had told The Guardian that the embattled businessman was being put under surveillance; a statement that has attracted mixed reactions from both legal and human rights experts.
Solomon Asemota, a Senior Advocate of Nigeria (SAN) spoke to The Guardian in favour of the EFCC, insisting that Babalakin's rights had not been breached.
Asemota said: "Security operatives are to protect and shield us. So there is no question of rights here because they have not arrested the suspect. It is part of their job; they have not committed any offence because they don't have direct contact with the suspect. We are all equal before the law because the man is a suspect before the EFCC. The commission can keep an eye on him provided they don't do anything wrong to the suspect."
However, the convener of Rights Monitoring Group (RMG), Mr. Olufemi Aduwo, condemned the commission's action urging them to obey orders and the rule of law.
Aduwo said: "We condemn in totality the invasion of Babalakin's ward by EFCC operatives. This is a new trend in judicial administration in Nigeria and it reflects desperation by EFCC to violate the provisions of the law and constitution in order to circumvent justice, and a violation of the basic human rights of the citizen.
"It is noteworthy that this brings back sad memories of the days of Gen. Sani Abacha, when the rights of Nigerians were trampled upon with ease."
He added: "We are against corruption, we have been partnering the EFCC during Nuhu Ribadu and Ibrahim Larmode, but we will not support violation of any citizen's rights. Since a court has ruled, EFCC should obey the same and follow due process to get him arraigned before the court. Sir Peter Odili former Governor of River State got a court injunction against EFCC that he should not be investigated, arraigned or arrested and for the past three years EFCC did nothing to lift the injunction or forcefully arrest him."
Babalakin's company and the anti-graft agency are in court over fraud charges against him. But his proposed arraignment alongside four others at the Lagos High Court, Ikeja, over their alleged roles in a N4.7 billion Delta State money transfer fraud, could not go on due to his absence over ill-health.
To forestall his further arraignment at the Lagos High Court, Babalakin (SAN) had secured a Federal High Court (FHC), Lagos' leave to apply for certiorari (an order quashing an action) and prohibition.
Justice Mohammed Idris made the order, following a motion ex-parte filed by the applicant's counsel, Mr. Wale Akoni (SAN), seeking an order of court for leave to apply for certiorari and prohibition against the respondents, restraining them from taking further steps in the arraignment, pending the hearing of the motion before the FHC.
Also joined in the suit is the Attorney General of the Federation. Besides, the Federal Government is claiming breaches over the recently terminated concession contract for the Lagos-Ibadan Expressway granted to Bi-Courtney Consortium on May 8, 2009.
Bi-Courtney last week condemned the action of the EFCC, describing it as a violation of Babalakin's rights and an attempt to thwart justice.
The statement then by the company's spokesman, Dipo Kehinde, observed: "This is a new trend in judicial administration in Nigeria and it reflects desperation by EFCC to violate provisions of the law and constitution in order to circumvent justice, and a violation of the basic human rights of the citizen.
"It is noteworthy that this brings back sad memories of the days of Gen. Sani Abacha, when the rights of Nigerians were trampled upon with ease."
