The trial
of the Managing Director of Bi -Courtney Ltd, Dr Wale Babalakin by the Economic
and Financial Crimes Commission , (EFCC) over an alleged N4.7 billion Money
Laundering Charge was again stalled yesterday stalled owing to his absence in
court as a result of illness.
The case
however took a new twist as his lawyer, Chief Ebun Sofunde (SAN) announced his
withdrawal from the matter.
Chief
Sofunde told the court presided over by Justice Adeniyi Onigbanjo that his
reason for withdrawing is personal and the court promptly granted his request
for withdrawal.
Another
Senior Advocate, Bolaji Ayorinde immediately announced his appearance for the
defendant.
Chief
Ayorinde who told the court that he had an application for an adjournment of
the case as Mr Babalakin is still said to be receiving treatment in LUTH.
The
lawyer said he had a letter from LUTH which says that there is serious evidence
that his client suffers from hypertension which is aggravated and his blood
pressure needs to be controlled.
He
therefore filed an application before the court seeking more time for Babalakin
to recover before he can face his arraignment.
Counsel
to the EFCC, Mr Rotimi Jacobs expressed shock at the turn of events. He told
the court that he was only served the application for adjournment at about 6pm
last night. He requested for time to file his reply to the application of the
defence.
Meanwhile
Justice Mohammed Idris of the Federal High Court in Lagos yesterday fixed today
to hear the application for an order of cetorarai and prohibition against his
arraignment by the Economic and Financial Crimes Commission (EFCC).
The court
fixed this date after Jacobs told the court that the EFCC had filed a
preliminary objection and a counter affidavit to the suit and urged the court
to allow him move the applications.
However
Babalakin's counsel at the proceeding, Wale Akoni (SAN) objected to the motion,
stating that he was served with a copy of the motion on December 6, and that
going by the rules, he has seven days to react to the applications. He
thereafter prayed for short adjournment to enable him file necessary processes.
A
position the Judge endorsed and adjourned the case till today.
But
shortly after the court adjourned the case there was a mild drama following
EFCC opposition to moves by the counsel representing Babalakin to officially report
what had transpired after an ex-parte order for leave was granted two weeks
ago.
Justice
Idris, it would be recalled, had granted leave to Babalakin on November 29,
2012 to apply for an order of prohibition to review the Constitutionality and
the legality of the charge preferred against him at the Lagos High Court,
Ikeja.
Akoni had
said: “My Lord, there have been issues that came up after we were granted leave
at the last adjourned date. Despite the clear meaning, intent, effect and
implication that by the leave granted us, all actions relating to the
application are to be stayed, there have been moves to the contrary.”
At this
stage, EFCC’s lawyer, Rotimi Jacobs (SAN) objected to Akoni’s submission on the
ground that his submission came rather too late after the proceedings of the
day had been adjourned.
Jacobs
said: “My Lord, i seriously object to further submission after this matter had
been adjourned. Your Lordship has adjourned the matter till tomorrow so all
submissions are to wait till the resumption of the matter again.”
Justice
Idris later agreed with Jacobs and ruled that the matter remained adjourned.
Compass
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