The Court of Appeal in Ibadan on Tuesday dismissed a suit filed by Chief
Adebayo Alao-Akala, a former governor of Oyo State, to quash the N11.5
billion suit filed against him by the EFCC.
Alao-Akala, Senator Hosea Agboola, and a business man, Olufemi Babalola,
had appealed a December 12, 2012 ruling by Justice Akintunde Boade of the
Oyo State High Court which held that they had a case to answer.
The EFCC had arraigned the appellants before the Court on an 11 count
bordering on conspiracy, contract awards without budgetary provisions, and
obtaining by false pretence.
The accused pleaded not guilty to the charges.
Delivering judgment, Justice Monica Dongban-Mensem, held that the
preliminary objection by Alao-Akala was premature.
Dongban-Mensem held that Alao-Akala should have waited for the trial to go
mid-way at the High Court before appealing.
She held that Alao-Akala did not provide enough evidence to warrant the
court to quash the ruling of the lower court.
The judge then ordered Alao-Akala to return to the High Court for his trial.