THE arraignment of Wake Babalakin by the Economic and Financial Crimes Commission failed to proceed as planned on Thursday morning in Lagos.
Facing charges of money laundering instituted by the Commission, the embattled businessmen was said to be indisposed and therefore unavailable for court proceedings to commence in the high-brow case.
Mr. Babalakinwas charged with fraudulent transfer of N4.7 billion in public funds on behalf of then-governor of Delta State, James O. Ibori, who is currently serving time in in jail, having been convicted of similar charges in the United Kingdom.
Babalakin was charged alongside Alex Okoh, Stabilini Visioni Ltd., Bi-Courtney Ltd. and Renix Nigeria Ltd.
The Economic and Financial Crimes Commission prepared a 27-count charge against Babalakin and the others, citing conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.
The Commission alleged that the accused fraudulently assisted Ibori to transfer various sums, through various parties, to an Erin Aviation Bank account in Mauritius, for the purchase of a Challenger Jet aircraft.
According to the anti-graft agency, the said transactions took place between May, 2006 and Sept., 2006, while Ibori was still the governor of Delta.
When the matter was called up on Thursday, Okoh entered the dock to take his plea but Babalakin was absent.
Babalakin’s counsel, Mr Ebun Sofunde (SAN), told the court that his client was on admission at the Lagos University Teaching Hospital (LUTH), over an undisclosed ailment.
Sofunde tendered a medical report to that effect.
The report dated Nov. 26, was issued by one Dr Charles Hammond.
The report said that Babalakin’s health had worsened due to stress.
“So, in the circumstance, I am constrained to request for a short adjournment,” Sofunde prayed.
EFCC counsel, Mr Rotimi Jacobs (SAN), expressed dissatisfaction at the development, describing it as a ploy by Babalakin to frustrate his arraignment.
Jacobs submitted that the medical report was issued on the same day Babalakin met with EFCC officials in Abuja.
Jacobs said:” It took the EFCC close to a week to get him.
“He was served with all the processes and released because he took an undertaking that he will appear in court for arraignment.
“We believe that, if there is a medical issue, he should have contacted us yesterday (Wednesday) rather than to confront us with this application this morning.
“We are disappointed by the tactics of the first defendant (Babalakin), but your lordship can bend backward and allow us to come back next week.”
Justice Adeniji Onigbanjo held that the claim that Babalakin was ill could be verified by the EFCC.
“The EFCC should verify his status and report his situation to the court,” the judge directed.
The judge has adjourned the case to December 12.
Mr. Babalakin’s troubles have escalated in recent weeks, starting with the November 19 announcement by the federal government that it was cancelling its contract agreement with Bi-Courtney for the overhaul and maintenance of the Lagos-Ibadan expressway.
The multi-billion naira contract deal on Nigeria’s busiest highway was cancelled because Mr. Babalakin’s company repeatedly failed to meet expectations as enshrined in the contract agreement.
The cancellation, which came barely 24 hours after the president was pressed on the matter by journalists during a media chat held at the State House in Abuja, was positively received by Nigerians who continue to condemn the deplorable condition of the major highway.