Thursday, December 13, 2012

Court adjourns Babalakin's trial till December 17



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.
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