Babalakin: EFCC Files Objection To Prohibition Application

Counsel to the Economic and Financial Crimes Commission (EFCC), Mr Rotimi Jacobs (SAN), on Wednesday filed a notice of preliminary objection to an application by Mr Wale Babalakin (SAN), seeking to prohibit his arraignment.

The EFCC had charged Babalakin with money laundering before a Lagos High Court in Ikeja but the defendant’s ill-health stalled his arraignment on 29 November.

Babalakin was alleged to have fraudulently transferred N4.7 billion on behalf of former Governor James Ibori of Delta, who has been convicted of money laundering by a London court.

On 29 November, Mr Wale Akoni (SAN) had applied on Babalakin’s behalf at a Federal High Court in Lagos, for leave to ask for an order of prohibition against his (Babalakin’s) arraignment.

The Federal High Court had after granting leave to apply for the prohibition order, adjourned till Wednesday for hearing of the motion on notice.

Jacobs, in the preliminary objection to the application for prohibition, on Wednesday asked the court to strike it out for lack of jurisdiction.

He said the court lacked the jurisdiction to entertain the applicant’s suit.

Jacobs described the suit as an abuse of court process since the reliefs sought by the applicant were not available under the law and did not disclose any reasonable cause of action.

Akoni, however, argued that the matter was not ripe for hearing as he had been served with the processes only on 6 December.

Akoni said that going by the provisions of the law, he was entitled to seven days within which to reply on points of law to the preliminary objection and he had till 13 December to do so.

Justice Mohammed Idris ruled in the applicant’s favour and adjourned the case till Thursday.