The judge, while ruling on an ex parte application brought by Babalakin to challenge the charges preferred against him by the anti-graft agency at an Ikeja high court, granted him leave to apply for cetio-rari and prohibition against his arraignment.
According to the judge, the leave granted would operate as a stay of proceedings of the matter before the Ikeja High Court.
The judge, while delivering the ruling, said: “I have gone through the application before this honourable court, and I would confine myself to the affidavit and statement.
“At this stage, the court should be satisfied that the applicant has a locus standi, and that a prima facie case exists before the court.
“The fact that the applicant has a locus standi, and that a prima facie case exists, is clear, but I will not dabble into the merit of the substantive suit.”
Meanwhile, the arraignment of embattled lawyer and businessman, Dr Babalakin and four others over alleged N4.7 billion fraudulent transfer of funds could not hold on Thursday on grounds of ill health.
The Economic and Financial Crimes Comission (EFCC) had filed a 27-count charge against Babalakin, Alex Okoh, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited, for fraudulently assisting convicted former Delta State governor, James Ibori, to transfer various sums of money through third parties to some foreign accounts under the guise of purchasing a Challenger aircraft.
When the case was called before Justice Adeniyi Onigbanjo of a Lagos High Court sitting in Ikeja, counsel for Babalakin, Mr Ebun Sofunde (SAN), informed the court that his client was absent from court because he was indisposed, and he requested for an adjournment.
In reaction, prosecution counsel, Mr Rotimi Jacobs (SAN), though did not oppose the request for adjournment, however, pointed the court’s attention to the fact that when he informed his clients after getting the letter, they were dismayed, adding that he never expected “this type of treatment and I’m disappointed at the antics of the first defendant.”
He said his stance was based on the fact that Babalakin was given administrative bail on the assurance given by the senior counsel, Dr Biodun Layonu (SAN), that he would be produced at the EFCC office on Wednesday evening or on Thursday morning.
Jacobs further stated that his clients were surprised about Babalakin’s doctor’s report, as it was dated November 26, saying that on that date, Babalakin was still with the EFCC in Abuja, therefore, he (Babalakin) could not have been examined by the doctor.
Counsel for the second and fifth defendant, Mr Tayo Oyetibi(SAN), pleaded with the court that his client, Alex Okoh, should be allowed to continue to enjoy the administrative bail that was granted to him by the commission on November 17.
In reaction to this, Jacob said the issue of bail did not arise for the defendant, as the court did not have the jurisdiction to rule on it until their pleas were taken.
He stressed that it was only after his arraigment that the issue of bail could be argued before the court.
“On the issue of bail, we are not yet there. It is when plea is taken that the court can rule on bail,” he said.
Ruling on the submissions, Justice Onigbanjo granted the request of the defendants and adjourned the matter till Wednesday, December 12, adding that the prosecution could file for abridgment of time if they found out that the ill health status was just an excuse to avoid arraignment.
The charges against the defendant bother on conspiracy to commit felony to wit: corruptly conferring benefit on account of public action contrary to section 98A (1)(a) of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003; corruptly conferring benefit on account of public action contrary to section 516 of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003 and Retention of proceeds of a criminal conduct contrary to section 17(a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
The EFCC alleged that Babalakin and others between May and December 2012 fraudulently assisted Onanafe James Ibori to transfer various sums through various parties to Erin Aviation account in Mauritius for the purchase of the said aircraft.
The various companies that were used to transfer the alleged stolen fund includes Interactive Technologies Ltd, Sopetrol Oil and Gas Ltd, Casaka Nigeria Company Ltd, Geofluids Ltd, ABS Ltd and Hyundai Heavy Industries Nig. Ltd.
“I want to tender my unreserved apology for the absence of the first defendant in court. I addressed a letter to the court yesterday through the registrar intimating that he took ill.
“Attached to the letter is a report from Dr Charles Hammond, his personal doctor. I was further informed that last night, his condition deteriorated and he was taken to the Lagos Teaching Hospital where he is currently on admission.
“Due to this circumstance, I am constrained to request for a short adjournment,” Sofunde stated.
Tribune
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