The Court of Appeal in Ibadan on Tuesday dismissed a suit filed by a former Governor of Oyo State, Otunba Adebayo Alao-Akala in which he sought to quash the N11.5 billion suit filed against him by the Economic and Financial Crimes Commission, EFCC.
The trio of Otunba Alao-Akala, Senator Hosea Agboola, and Olufemi Babalola, a businessman 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 appellants had been arraigned before the Court on an 11-count charge bordering on conspiracy, contract awards without budgetary provisions, and obtaining by false pretence. The suspects were accused of committing the crime during the period Otunba Alao-Akala was the Governor of Oyo State. All had pleaded not guilty to the charges.
While delivering judgment, Justice Monica Dongban-Mensem held that the preliminary objection by Alao-Akala was premature.
The judge also held that the former Governor should have waited for the trial to go mid-way at the High Court before appealing. She pointed out that Alao-Akala did not provide enough evidence to warrant the court to quash the ruling of the lower court.
Justice Dongban-Mensem thus ordered that Otunba Alao-Akala should return to the High Court to face trial.