Babalakin:  Court Vacates Restraining Order on EFCC

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Justice J.T. Tsoho of the Federal High Court sitting in Lagos State, on Monday June 15, 2015, vacated the restraining order issued on the Economic and Financial Crimes Commission EFCC, preventing it from arresting and prosecuting Chairman of Bi- Courtney Highways Services, Mr. Wale Babalakin.
In a ruling delivered on Monday, Justice Tsoho said that the ex-parte order granted Babalakin  was intended as a brief intervention to prevent injury and not meant to last a long time. He explained that the order had outlived its lifespan and was no longer valid. ” If the applicants had filed their application early, the respondent would have responded appropriately. But this case will be adjourned without an award of cost. An ex-parte order is meant to be a brief intervention to prevent injury and not meant to last a long time. Therefore, the order has outlived its life span and is hereby discharged, but the respondent should not take any action that will jeopardise this proceeding”.
Before the ruling was delivered, the EFCC counsel,  Rotimi Jacobs SAN, prayed the court to discharge the restraining order,  which according to him, had been abused by the applicants’ failure to file their application within the five days interval ordered by the court, but instead served same to the respondent at the court premises,  which amounted to almost thirty days which ran contrary to the court order. Jacobs further urged the court to impose a cost on the applicants for failure to serve the motion on notice at the appropriate time.
“My lord, I will begin with this motion on notice for extension of time to file further affidavit and reply on point of law which the applicant served me here in court. I will ask for today’s cost for the applicants failure to serve the process since May 11, 2015, which is more than a month now, when the court only gave five days. I therefore urge the court to discharge the order made 28th April, 2015, restraining the respondents (AGF and EFCC) from arraigning the applicant before any court.
” My lord, it has taken them more than a month to serve, while the order ex-parte is still there. My lord we are therefore prejudiced by that order, and technically, the order that your Lordship made has elapsed. My Lord, an order given in the case of Uwazuruike vs AGF contained in the 2013 Nigerian Law Report made it clear that ex-parte order does not mean permanent injunction against the state and the applicant cannot continue to dangle that order like a talisman in the face of the respondent. They are dragging their feet, got an order and went to sleep and not diligent to file their case on time and this is a potent ground for your Lordship to discharge that order and that order has to be discharged”, he said.
Jacobs further  told the court that the applicant who should have appeared before Justice Kudirat  Jose of the Lagos High Court Ikeja has failed to show up in court due to the restraining order on the EFCC to arraign him.  “My Lord, we are between two courts, the Federal and State High Courts and the State high court has given us one last chance to produce the accused person who is the applicant in this case. Do we proceed at the state? If not, the state will strike out our case which will not be good for us. The applicant has tied our hands with this misleading application to this court to restrain the EFCC. I therefore seek the protection of this court in this matter and that is my submission”.
But the defence counsel, Abiodun Layonu, SAN, argued that the respondent must abide by the order of the court and further urged the court not to grant the prayers of the respondent to discharge the order.
After listening to all their submissions, Justice Tsoho delivered his ruling and adjourned to June 29, 2015.
He, however, urged the respondent to stay action on any other proceeding that will frustrate the case.
Currency Scam: Court Denies CBN Staff, Others Bail
Justice Nathaniel Ayo Emmanuel of the Federal High Court, sitting in Ibadan, today 15 June, 2015 dismissed the bail application brought by six former staff of the Central Bank of Nigeria, CBN.
The accused persons: Patience Okoro Eye, Afolabi Olufemi Johnson, Ilori Adekunle Sunday Kolawole Babalola, Olaniran Muniru Adeola and Fatai Adedokun Yusuf, are  being prosecuted by the Economic and Financial Crimes Commission, EFCC for over N8billion mutilated currency recycling fraud.
Justice Emmanuel in dismissing their application for bail, stated that the interest of the accused must not only be considered while looking at their application but that of the common man and the society. He said the court was refusing the accused persons bail because of the gravity of the offence which borders on the economy and well being of the people of the country.
Justice Emmanuel dismissed their application and ordered for accelerated hearing. He also warned counsel that he would not entertain frivolous applications.
The accused persons were arraigned June 2, 2015 on 28-count charge bordering on fraud and stealing. Specifically, the former apex bank employees are alleged to have compromised the CBN’s Briquetting exercise, meant to combat the inflationary spiral in the economy, occasioned by excess dirty notes.
Justice Emmanuel adjourned the matter till July 6 and 7 for trial.
In a similar development, Justice Emmanuel also dismissed the bail application brought by three former staff of CBN and two staff of Sterling Bank.
The accused: Kolawole Babalola, Olaniran Muniru Adeola, Toogun Kayode Philips (all former staff of the CBN) and Salami Ibrahim and Oddiah Emmanuel ( both staff of Sterling Bank Plc) were arraigned on an 11-count charge bordering on conspiracy, fraud and stealing.
They are alleged to have defrauded their banks various sums of money totaling N1, 141,303,300 using various guises and pretenses.
Justice Emmanuel adjourned the case to July 6 and 7, 2015 for trial.
It was the same situation in the case involving Kolawole Babalola, Olaniran Muniru Adeola and Toogun Kayode Philips (Ex-CBN staff) and Tope Akintade, (staff of Ecobank Plc) who were docked on a 15-count charge bordering on conspiracy, fraud and stealing to the tune of N910, 210,100.00.
Justice Emmanuel dismissed their bail applications for lack of merit and ordered for an accelerated hearing.

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