Justice Lateef Lawal-Akapo also granted similar indulgence to Babalakin's co-accused, Mr. Alex Okoh.
Babalakin, Okoh and three other firms, with whom they were charged, were to be re-arraigned after the matter was transferred from the former trial judge, Justice Adeniyi Onigbanjo, to Justice Lawal-Akapo.
But Babalakin's counsel, Mr. Wale Akoni (SAN), argued on Monday that the arraignment should not be allowed to go on and that his client should be excused from entering the dock until the court decided on the preliminary objection he had filed challenging the competence of the charges.
EFCC had charged Babalakin, Okoh and their firms with 27 counts of conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.
The firms that were charged along with the duo are Bi-Courtney Limited; Stabilini Visioni Limited and Renix Nigeria Limited.
All the accused were alleged to have illegally transferred N4.7bn on behalf of convicted former Delta State Governor, James Ibori.
Counsel for the accused persons had argued that given the separate notices of preliminary objection, which they had filed challenging the competence of the charges, the court ought "to dispense with the physical appearance" of the accused.
EFCC counsel, Mr. Rotimi Jacobs (SAN), had in reacting to the application, said since Babalakin was representing two of the accused firms – Bi-Courtney Ltd. and Stabilini Visioni Ltd. – there was no way his presence in the dock could be dispensed with.
In a ruling, Justice Lawal-Akapo granted the application, citing a decision of the Court of Appeal, delivered in June 2013 which held that an accused person, challenging the competence of the charges preferred against him or her, could stay away from court pending the determination of such application.
After Justice Lawal-Akapo delivered his ruling, Okoh's counsel, Mr. Olaniran Obele, urged the court to adopt the ruling for his client, a request that the court granted.
Comments