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Africcon Report:Bi-Courtney loses bid to quash N4.7bn fraud charges
Africcon New Media – News
Bi-Courtney Limited, on Tuesday lost an application seeking to quash the N4.5bn fraud charges instituted against the firm, its Chairman, Dr. Wale Babalakin, and three others by the Economic and Financial Crimes Commission.
Justice Adeniyi Onigbanjo, presiding over the case at the Lagos High Court, Ikeja, dismissed the application and fixed June 5, for hearing of two separate similar applications filed by Babalakin and another co-accused, Alex Okoh.
Dismissing Bi-Courtney’s application in a ruling on Tuesday, Onigbanjo said the company would not suffer any “injustice or irreparable damages” by refusing to grant its prayers.
The judge, in the ruling delivered in Babalakin’s absence, said, “I think the balance of convenience tilts towards refusing this application.
“The application failed and is hereby refused”.
Babalakin’s counsel, Chief Lateef Fagbemi (SAN), had said his client was unable to be in court because he missed his flight from Abuja.
EFCC on January 17, 2013, arraigned Babalakin, Okoh, Bi-Courtney and the others on 27 counts of allegedly aiding convicted former Delta State Governor James Ibori to transfer N4.7bn to Mauritius between May and December 2006.
But Bi-Courtney, represented by Dr. Joseph Nwobike (SAN), had filed an application dated February 6, 2013, asking the court to quash the entire 27 counts.
The application followed an appeal Babalakin filed against the judgment of Justice Mohammed Idris of a Federal High Court, Lagos striking out a suit that sought to stop the anti-graft agency from prosecuting him for the alleged offences.
EFCC’s counsel, Mr. Rotimi Jacobs (SAN), had described the application as an abuse of court process.