When the Hunter Is Hunted

 

By David Lawal

One thing that is certain even to an averagely learned person is that having a High Court Judge as a father is enough reputation to protect forever. Not alone in the train, Yemi Candide-Johnson, Senior Advocate of Nigeria, SAN, son of Late Hon. Chief Judge of Lagos State, Candide-Johnson and Dr. Gbolahan Elias, also SAN, son of the 1st Indigenous Chief Justice of Nigeria, Late Hon. Taslim Olawale Elias, also have great pedigrees, schooled in Great Britain, were admitted into the Inns of Courts in England, had fathers who were great judges and excelled to be appointed as SANs. Yet, they have managed to protect their fathers’ names. There are also Dr. Konyinsola Ajayi, SAN and Anthony Idigbe, SAN, Babatunde Aiku, SAN to mention but a few, to emulate. Then why would a SAN, throw all that away with recent allegations of money laundering. There are even the younger generations who have had opportunities to use their parents’ reputation to acquire questionable riches, but, have chosen to stay clean. There are Dr. Muhammad Akanbi, Ph.D, the former Dean of University of Ilorin Law School, son of Retired Hon Mustapha Akanbi, former President of the Nigerian Court of Appeal, and Dele Belgore, SAN, son of Retired Chief Judge of the Nigerian Federal High Court.

Dr. Bolanle Olawale Babalakin does not need any introduction. If his action is to the honour of the Body of Benchers, which is the highest legal body regulating the affairs of legal practitioners in Nigeria, if it is to that of Nigerian Bar Association, NBA, where he is currently the Chairman of both the Committee on Construction and Real Estate under the Section on Business Law and the Committee on Government Practice under the Section on Legal Practice; even if it is to the honour of International Bar Association, IBA, it is not worth trading a well-built reputation for.

He is currently the Pro-chancellor of the University of Maidugri and Chairman, Committee of Pro-Chancellors of Nigeria Federal Universities. He was conferred with the rank of Senior Advocate of Nigeria, SAN (the highest stratum of the Nigerian Legal Profession), in 2002 and Honorary Special Adviser on Legal Matters and General Counsel to the former President of the Federal Republic of Nigeria, late Alhaji Musa Yar’dua in 2007.  In February 2008, he was conferred with the National Honour of Officer of the Federal Republic, OFR. Although he is a lawyer, he is the owner of the richest indigenous Construction Firm in Nigeria, Bi-Courtney. He holds, in addition to his law degree, both Master’s and Doctoral degrees.

Sadly, Dr. Babalakin is worth more than a personality that would be rubbished in the mud of financial immodesty by the late General Sanni Abacha government, and lately, by the Economic and Financial Crimes Commission, EFCC, in Nigeria, under President Goodluck Jonathan’s government, which further confirms President Jonathan’s claim of being the best anti-corruption crusader Nigeria ever had. Recent ranking reveals that he is one of the top 25 richest Nigerians, reputed to worth about $100 million. However, if the action was hinged on the fact that he is a personal friend of the two immediate presidents of Nigeria; Retired General Olusegun Obasanjo and Late Alhaji Umar Yar’ Adua or on the fact that he was appointed by the former as Chairman of the Constitutional Drafting Sub-Committee of the National Political Reforms Conference in 2005; Member, National Political Reforms Conference in 2005 and Vice Chairman of the Committee on the Review of the Evidence Act CAP 112 Laws of the Federation of Nigeria 1990 in 2005, Dr. Babalakin undoubtedly has bitten more than he could chew.

More so, there is no gainsaying in the fact that Dr. Babalakin has spent years gathering considerable experience in Litigation, Arbitration, Real Estate law and Project Finance. He has acted in high profile Commercial Arbitrations proceedings and Civil Litigations in disputes arising from various sectors of the Nigerian economy. He has conducted trials and appeals from the courts of first to the Supreme Court in matters of significant constitutional national importance and equally in commercial transactions that cut across the entire array of Nigeria’s economy- construction, real estate, oil and gas, telecoms, maritime, aviation, banking and financing. But this time, he would be facing trials himself.
His first arrest began as early as 1989 when he contracted Stabilini Visinoni to help him construct a multi-purpose 10-storey building on Campbell Street, Lagos Island. By the end of that project, he had become very friendly with the directors in the company that he awarded another major project to the company. When the owners of the company decided to sell off their controlling shares in the company in 1992, Babalakin stepped in with a N10 million offer and was made a director. In 1999, he became the substantive chairman of Stabilini Visinoni, making him the first Nigerian to steer the Italian company’s activities. Unknown to him, Stabilini Visioni failed to execute some of the contracts that were awarded by the Federal Government. Thus, Dr. Babalakin was held responsible for sometime during the Abacha regime.

The major role played by Dr. Babalakin in the Ibori’s super theft drama would have also been swept under the carpet if he had not lost the Lagos-Ibadan expressway contract. Babalakin’s construction company, Bi-Courtney, won the contract for the concession of the Lagos Ibadan Expressway, and plans to build a world class inter-state expressway were architected. However, after a frustrating three years as the concessionaire of the key Lagos-Ibadan expressway, a long-awaited revocation of the contract was announced by the federal government in November 2012. Also, at a House of Representatives meeting within the same period, Minister of Works, Mike Onolememen, characterized Bi-Courtney as a firm versed in violating procedures and agreements. Such breaches, the minister said, informed the decision of the federal government to terminate the three-year-old Lagos-Ibadan expressway contract. Following the development, Ondo State government also signaled that another N4.8 billion contract handled by one of Babalakin’s companies could also be cancelled.

As regards the money laundering charges, he was accused by EFCC of aiding, Jailed former governor of Delta State, James Ibori execute a heinous fraud that ripped the oil rich state of several billions in a high-web scam that left blurry traces. At the twilight of Ibori’s two-term rule in Delta, a supplier was located in the South African nation of Mauritius, between May and December 2006. Several millions of dollars of state funds were allegedly funneled to the company through multiple third parties. According to the EFCC, at the center of the several strings of huge scale fund transfers, in breach of federal and state financial laws, was the revered lawyer, Dr. Wale Babalakin. He was identified by investigators as the current chairman and owner of the controversial infrastructure management consortium, Bi-Courtney, according to court papers bearing charges filed against him. The documents, tell a troubling story of the terrific corruption Delta State endured under Ibori. It presents, for the first time, what seems the unknown portrait of Babalakin, a feisty businessman with hands in so many controversial deals. Court documents show that in a fast-paced twist lasting just days, Babalakin’s firm, Bi-Courtney, awarded the concession of the Lagos-Ibadan Expressway for three years, has now lost the job in November 2012, and the Chief Executive Officer now faces charges of corruption. There have been rumuors that the Ikeja High Complex constructed by Babalakin has broken down within a year of completion and that the amenities and infrastructures do not work.

In a 27-count charge file against him at the Lagos High Court, the Economic and Financial Crimes Commission, EFCC, alleged that Babalakin and associates, including Bi-Courtney construction group, Stabilini, Renix Nigeria Limited, and a certain Alex Okoh facilitated the fund transfers to Mauritius under the pretext of funds for a construction contract for the state, Delta. Between May and December of 2006, the EFCC said, more than 24 transfers were made to the company, Erin Aviation, for the supply of a Challenger Jet Aircraft. The first transfer occurred on May 3 and involved the sum of N145.5 million while the final transfer involved $2 million on November 17, 2006. Further transfers were executed through little-known firms, namely, Interactive Technologies, Sopetrol Oil, Casaka Nigeria Company limited, Geofluids limited, ABS limited and Hyundai heavy Industries Nigeria limited. In all the transfers, court papers claimed that Babalakin and his associates knew the funds were the proceeds of corrupt conduct by Ibori. The revelations provide a new layer to the events involving Bi-Courtney.

One of the 27 count charges read,  “That you, Dr. Bolanle Olawale Babalakin, Stabilini Visioni limited and Bi-Courtney Ltd between May 2006 and December 2006 within the jurisdiction of this Honourable Court did corruptly confer benefit on former Governor James Onanefe Ibori to Wit: the sum of N1, 356, 600, 000.00 (One Billion, Three Hundred and Fifty Six million six Hundred Thousand Naira), on account of contracts awarded by Delta State Government to Stabilini Visioni limited by transferring the said Sum through various third parties to Erin Aviation account in Mauritius for the purchase of Challenger Jet Aircraft by the Said James Onanefe Ibori”. In charges before the court, it is alleged that while fronting for contracts from the Delta State Government, Bi-Courtney, Stabilini and Renix, served as a conduit for frittering state fund into foreign accounts. The EFCC said Dr. Babalakin and companies he had interest in, including Bi-Courtney, played a major role in helping Ibori transfer these funds using surrogate companies.

Sometimes around November 29, 2012, Babalakin was admitted to the Lagos University Teaching Hospital, LUTH, for 20 days over an undisclosed illness, a development, which had stalled his arraignment at the Lagos High Court on the same day and later on December 12, 2012. He however reported to the anti-graft agency’s office in Lagos shortly after he left LUTH. The development was confirmed by EFCC’s counsel, Mr. Rotimi Jacobs, SAN. Babalakin was later released on bail after he was interrogated by the officials of the anti-graft agency. EFCC, which kept Babalakin under constant surveillance, had accused the lawyer of planning to flee the country to avoid prosecution. The anti-graft agency said the planned escape had instigated its decision to position its operatives in the hospital on December 5, 2012. While on admission to the hospital, Babalakin had instituted two suits at the Federal High Court Lagos, seeking to stop the EFCC from arresting and prosecuting him. One of the suits was struck out by Justice Mohammed Idris on December 14, 2012 while the other was dismissed by Justice Ibrahim Buba, on December 21, 2012.

Better yet, considering the fact that Dr. Babalakin has worked with Federal and several State Governments in conceptualizing transactions to support the development of infrastructure and investment in the country. He has led the team of lawyers who represented the Nigerian National Petroleum Corporation, NNPC, in a $100 million claim in arbitral proceedings for the determination of contractual rights and obligations of the Corporation. He also led the team of lawyers in a landmark election petition case which resulted in the appointment of one of Nigeria’s Senate Presidents. He is also acting as lead Counsel in arbitral proceedings on behalf of a state owned oil company, in a billion dollar claim. He led the team of legal consultants to a state government for the building of an international airport in Nigeria, a multimillion dollar project and is currently leading the team representing a state government in an arbitration claim arising thereof,  Dr. Babalakin is better innocent of the 27 count charges before him.

Professor Olumide Olusegun-Obayemi, one of the young lawyers in the early 1990’s who desired to work with Wale Babalakin’s law firm hopes that he is innocent. In his comments posted online, he expressed disappointment saying that he, Wale Babalakin, must stop hobnobbing with shady characters. “Money cannot buy a good name. Whether the charges can stick is not our concern in this piece of work. From what we heard, the verdict has been given long time ago. He must restrict himself to the practice of law only. We are most concerned as to why a person so blessed can allow all goodwill to filter away carelessly.” he lamented.

Sources at the anti-graft agency’s office in Lagos revealed that the London Metropolitan Police, which successfully investigated Ibori leading to his conviction, also assisted with the investigations, with at least three visits to Nigeria by its officials since Babalakin’s suspicious involvement in the scam began. Interestingly, it seemed everybody has been afraid of stepping on the retired justice’s toes. Dr. Babalakin may not be found guilty by the court of law as expected, but the court of public opinion is there.