FORMER governor of Oyo State, Chief Adebayo Alao-Akala, his former Commissioner for Local Government, Senator Hosea Agboola and an Ibadan-based contractor, Mr Femi Babalola, currently on trial for corrupt practices at an Ibadan High Court, have asked the court to strike out the 11-count charge preferred against them because the charge did not disclose any offence known to law.This is contained in three applications filed on behalf of the accused by their defence lawyers led by Prince Lateef Fagbemi (SAN).
In his motion in notice dated December 16, 2011, Chief Alao-Akala is seeking the following reliefs.
•An order of the court striking out or quashing counts one to four of the charges preferred against him as contained in the information filed against him in the court for not disclosing any offence known to law and for constituting gross abuse of judicial process.
•An order of the court striking out count five of the charges preferred against him for not disclosing the ingredients of the offence of conspiracy having regard to the materials contained in the proof of evidence filed along with the information.
•An order of the court quashing or striking out counts eight and nine of the charges preferred against him for being fundamentally bad and or for not being sustainable against him having regard to the offences created under section 18(1) of the Economic and Financial Crimes Act 2004.
•An order of the court quashing or striking out counts 10 and 11 of the charges preferred against him for not disclosing any offence under the Economic and Financial Crimes Commission Act, 2004.
Agboola and Babalola, through Prince Fagbemi, also filed similar applications which contain similar prayers.
However the Economic and Financial Crimes Commission (EFCC) through its lead counsel, Chief Godwin Obla, filed a notice of preliminary objection to the said motion on notice and prayed the court to strike out Alao-Akala, Agboola and Babalola’s applications dated December 16, 2011 for being incompetent.
The trial judge, Justice Akintunde Boade has fixed April 26, 2012 for the hearing of all the applications.
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