BY INNOCENT ANABA
LAGOS — As the Economic and Financial Crimes Commission, EFCC,
continues to lay siege to the Lagos University Teaching Hospital, LUTH,
where Chief Wale Babalakin, SAN, chairman of Bi-Courtney Highway
Services Limited, is said to be hospitalised, some lawyers in the state,
yesterday, condemned the action.
A Senior Advocate of Nigeria, Dr. Joseph Nwobike, described the
action of the anti- corruption agency as an abuse of power and a
violation of the businessman’s right to life and medical care.
Babalakins’s company had alleged that EFCC operatives, numbering
over 20, had stormed the hospital, where he is being treated for an
undisclosed illness and detained him in the ward.
Dr. Nwobike said: “I understand that the EFCC granted Dr. Babalakin
administrative bail which has not been vacated by the Commission. I am
also aware that the EFCC is aware that Dr. Babalakin is ill and he is
undergoing treatment at the Lagos University Teaching Hospital.
“So it amounts to a breach of his fundamental human right for the
Commission to disturb his treatment by laying siege to the hospital,
thereby worsening his condition.
“The court has adjourned his arraignment to December 12, so the EFCC
ought to wait and see if he would not come to court. If at that stage
his reason for not appearing in court is not reasonable, the EFCC can
then take action under the authorisation of the court to compel him to
come for his trial.
“This is an abuse of power on the part of the EFCC and should be condemned by all.”
Another Lagos lawyer, Mr. Emmanuel Majebi, in his reaction said: “As
much as I don’t believe that there is anyone above the law, I also don’t
support or encourage tyranny.
Ïf Wale Babalakin is in hospital, the EFCC should wait until he
recovers to arrest and prosecute him. What is the desperation all about?
“After all, they have waited six years to file this charge. Once this
is allowed to go unchallenged it becomes a bad precedent which would
empower security agencies to go and arrest suspects on their sick bed.
“Without creating a scene EFCC can keep an eye on him. LUTH is a
public institutions they can liaise with the Chief Medical Director via
official channels such that he can be monitored. What I don’t like, is
for the EFCC to barge into the ward and arrest him on his sick bed.”
Mr. Jiti Ogunye, another lawyer, noted that though the EFCC may have a
good reason for its action given past experiences where suspects had
feigned illness to evade arrest and prosecution, he, however, cautioned
the Commission to act within the confines of the rule of law.
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