Babalakin: Court Vacates Restraining Order On EFCC
BEVERLY HILLS, June 15 (THEWILL) – Justice J.T. Tsoho of the Federal High Court sitting in Lagos State, Monday 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, 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 He explained that the order had outlived its lifespan and was no longer valid.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,” the said.
Before the ruling was delivered, 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.
The EFCC and Babalakin have been engaged in a lengthy legal battle over allegations of money laundering amongst others against the businessman and senior lawyer.