Lagos — Justice Mohammed Idris had penultimate week granted leave to Babalakin to apply for an order of prohibition to review the constitutionality and the legality of the charge preferred against him at the Lagos High Court, Ikeja.
Counsel to the anti-graft commission Mr Rotimi Jacobs (SAN) said the objection was premised on five grounds, contending that the court lacked the jurisdiction to entertain the suit. He described the suit as an abuse of court process because the reliefs sought are not available under the law and the suit does not disclose any reasonable cause of action.
In the counter affidavit deposed to by Abubakar Garba, an EFCC operative, the agency countered that contrary to the allegation by Babalakin that there was no fiat to prosecute, there was indeed a general fiat given to the agency by the Attorney General of Lagos State since 2004.
The court fixed today for the hearing of the EFCC's applications.