Justice Adeniyi Onigbanjo of an Ikeja High Court Wednesday fixed May 7 to rule on an application filed by Bi-Courtney Limited, a company owned by Dr. Wale Babalakin (SAN), seeking to dismiss the charge preferred against it by the Economic and Financial Crimes Commission (EFCC).
.
Bi-Courtney Limited, the 4th defendant in the ongoing trial of the N4.7 billion money laundering charge preferred against Babalakin and four others wants the court to dismiss the charge pending the outcome of an appeal on the judgement of a Federal High Court that dismissed their suit to stop the Lagos High court from hearing the criminal charge against him.
.
And for the second time, the judge granted Babalakin permission to travel abroad for medical treatment.
.
At yesterday's proceedings, Dr. Joseph Nwobike (SAN), counsel to Bi-Courtney Limited had moved the application dated February 6, this year seeking to dismiss EFCC's N4.7 billion money laundering charge against his client and four others, pending the outcome of the appeal.
.
Nwobike, while arguing the application supported with 15 paragraphs affidavit and exhibits on 10 grounds, urged the court to dismiss the charge on the ground that the success of their appeal will ultimately terminate the charges before the court.
.
But EFCC's counsel, Mr. Rotimi Jacobs (SAN), opposed Nwobike's application, arguing that it was the most ridiculous application he ever heard.
.
Jacob said Nwobike's client, Bi-Courtney Limited was not a party in the case at the Federal High Court and the Court of Appeal and should not in anyway hinge his call for dismissal of the charge on the outcome of a matter he was not a party to.
.
"It is the most ridiculous application I ever heard. Its a tall order that he's asking for. Its so absurd that this kind of meritorious application can be filed. It is an abuse of the court process because his client is not a party in the matter he predicated his application on.
.
"The matter which he predicated his application on has been strike out on March 8, 2013," he said.
.
Jacobs, therefore, urged the court to dismiss the application.
.
Based on this, Justice Onigbanjo adjourned ruling on the application till May 7.
.
Meanwhile, the judge, who for the second time granted leave to Babalakin to travel abroad for treatment, ordered that he (Babalakin) must return to the country 72 hours before the next trial date. Babalakin was also ordered to return his passport to the EFCC not more than 48 hours upon his return.
Then let us wait till May 7th to see how it will all go. It's not far from now anymore. We just have to wait