LAGOS — On a day Chairman of Bi-Courtney Group, Dr. Wale Babalakin,
was to be arraigned before an Ikeja High Court over alleged economic
crime and money laundering, a Federal High Court also in Lagos, has
restrained Economic and Financial Crimes Commission, EFCC, from going on
with the planned arraignment.
The formal arraignment of Babalakin before the Ikeja High Court over
alleged fraudulent transfer of Delta State Government funds, failed
following a report that he was ill. The accused was charged with the
fraudulent transfer of N4.7 billion.
He was accused of transferring the sum on behalf of former Gov. James
Ibori of Delta, who had been convicted of money laundering by a London
court.
Babalakin was charged alongside Alex Okoh, Stabilini Visioni Ltd.,
Bi-Courtney Ltd. and Renix Nigeria Ltd. EFCC preferred a 27-count charge
against him and the others.
While his arraignment was playing out at the state high court,
Babalakin, approached a Federal High Court, Lagos, with an ex-parte
application, seeking leave to apply for prohibition and certiorari
order preventing EFCC from perfecting plans to arraign him before the
Lagos High Court, which was granted by the trial judge, Justice Mohammed
Idris.
Justice Idris held that the leave, according to Order 34 Rule 3 (6)
of the Federal High Court Civil Procedure Rules, should operate as a
stay of all actions relating to the arraignment.
The Rule states: “If the relief sought is an order of prohibition or
certiorari and the judge directs, the grant shall operate as a stay of
the proceedings to which the application relates until the determination
of the application or until the judge otherwise orders.”
The court has, meanwhile, adjourned till December 12, to hear the
application for interlocutory injunction against EFCC and Attorney
General of the Federation, Mr Mohammed Adoke.
At the hearing of the matter at the Lagos High Court, Okoh entered
the dock to take his plea but Babalakin was absent. Babalakin’s counsel
told the court that his client was on admission at the Lagos University
Teaching Hospital, LUTH, over an undisclosed ailment. He tendered a
medical report to that effect.
EFCC counsel argued that the development was a ploy by Babalakin to
frustrate his arraignment, contending that the medical report was issued
on the same day Babalakin met with EFCC officials in Abuja.
Trial judge, Justice Adeniji Onigbanjo, held that the claim that
Babalakin was ill could be verified by the EFCC and adjourned the
arraignment till December 12.
The commission 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 the court can bend backward and allow
us to come back next week.”
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