Justice Adeniyi Onigbanjo of the Lagos High Court on Monday
February 25, 2013 ordered N. O. Fagbemi, counsel to Wale Babalakin to harmonise
the two applications seeking to quash the charge against his client.
Babalakin was arraigned by the EFCC, alongside Alex Okoh and three
companies: Stabilini Vision Limited, Bi-Courtney Limited and Renix Nigeria
Limited on January 17, 2013, on a 27-count criminal charge that borders on
conspiracy to commit felony, corruptly conferring benefit on account of public
action and retention of proceeds of a criminal conduct to the tune of N4. 7
Billion.
The charge reads in part, "that you, Dr. Bolanle Olawale
Babalakin, Stabilini Visioni Limited and Bi-Courtney Limited between May 2006
and December 2006 within the jurisdiction of the 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 sum through various
third parties to Erin Aviation account in Mauritius for the purchase of
Challenger Jet Aircraft by the said James Onanefe Ibori".
At the resumed hearing of the case today, counsel to
the Wale Babalakin prayed the court to grant the first defendant the indulgence
of not sitting in the dock based on his status and as a member of the bar. He
quoted a section of the law to back his prayer.
However, EFCC counsel, Rotimi Jacobs, SAN, opposed the request
citing authorities. Justice Onigbanjo declined the request and
asked that the defendant seats in the dock.
Fagbemi then told the court that
he has filed three different applications seeking to quash the charge against
his client. But Jacobs argued that it amounts to an abuse of court process if
two applications were made seeking to quash the charge and therefore, prayed
the court that one be withdrawn.
Justice Onigbanjo said two separate applications to quash the charge
will not be granted and asked that the applications be combined. He said the
court could entertain an oral application to that effect so that the trial can
proceed.
Fagbemi however prayed the court for a date to allow him time to
do a tidy job as oral application would be seen to be untidy. Rotimi said
seeking an adjournment to combine the application is a way of delaying the
process.
Having considered both arguments, Justice Onigbanjo adjourned proceedings
to 27 March, 2013 to allow for time to file the application.
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