Complains of ill-heaIth in another
TO forestall his further arraignment at the Lagos High Court, embattled businessman and Chairman of Bi-Courtney, Dr. Olawale Babalakin (SAN), Thursday got an order of a Federal High Court, Lagos to apply for cetorarai and prohibition against his trial by the Economic and Financial Crimes Commission (EFCC).
Meanwhile, Babalakin and four others' arraignment at the Lagos High Court, Ikeja yesterday over their roles on N4.7 billion money transfer fraud could not go on due to his absence for an alleged ill-health.
Justice Mohammed Idris made the order, following a motion ex-parte filed by the applicant's counsel, Mr. Wale Akoni (SAN) seeking an order of court for leave to apply for cetorarai (an order quashing an action) and prohibition against the respondents, restraining them from taking further steps in the arraignment of the applicant, pending the hearing of the motion for prohibition before the FHC.
Also joined in the suit is the Attorney General of the Federation.
Idris, in his ruling, granted the applicant leave to apply for cetorarai and prohibition as prayed, adding that this would operate as a stay of proceedings before the Ikeja High Court.
"I have gone through the application before this honorable 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 exist before the court.
"The fact that the applicant has a locus standi, and that a prima facie case exist, is clear, but l will not dabble into the merit of the substantive suit.
"A serious issue on the constitutionality of acts by the public officers has been raised, and going by the various documents and statements tendered before this court, I do not think this application is frivolous.
"Relief one of the applicant is hereby granted as prayed, and leave is hereby granted for the applicant to make an application for cetorarai and prohibition before this honourable court.
"However, reliefs two and three, of the applicant is unnecessary, and is hereby refused", Idris declared.
He therefore adjourned the case to December 12 for hearing of the applicants' motion on notice.
In the ex-parte motion, the applicant was seeking three reliefs: first, praying the court for leave to apply for cetorarai and prohibition against the respondents, an order that the leave granted by court should operate as a stay of further proceedings before the high court, and secondly, for a positive order stopping the EFCC from taking further steps in the arraignment of the applicant.
The EFCC had filed a 27-count charge against Babalakin, Stabilini Visioni Limited, Bi-courtney Limited alongside Alex Okoh and Remix Nigeria Limited for fraudulently assisting former Governor of Delta State, James Ibori to transfer various sums of money through third party to some foreign accounts under the guise of purchasing a Challenger Jet Aircraft.
Although Okoh was around for the arraignment scheduled before Justice Adeniji Onigbanjo, Babalakin was absent.
But Babalakin's counsel, Mr. Ebun Sofunde (SAN) informed the court that his client was currently on admission at Lagos University Teaching Hospital (LUTH) over an undisclosed sickness.
Sofunde informed the court that he had earlier forwarded a letter to the registrar of the court, which contained a medical report by one Dr. Charles Harmon about Babalakin's health.
He also informed the court that Babalakin's health deteriorated immediately after he appeared before the EFCC office in Abuja on November 26, 2012 for questioning.
He subsequently urged the court to adjourn the matter to allow his client recover from the undisclosed sickness.
On his ruling on the issue, Justice Onigbanjo asked the EFCC counsel to verify that Babalakin is on admission at LUTH.
