FG says Tompolo abusing court process with bid to halt trial

The Federal Government has asked Justice Mojisola Olatoregun-Ishola of the Federal High Court in Lagos to dismiss a suit by a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo).

Tompolo is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.”

The ex-militant through his lawyer Ebun-Olu Adegboruwa, on Wednesday said the sections were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.

But, Attorney-General of the Federation (AGF) Abubakar Malami (SAN) said the suit is an abuse of court process and should be dismissed.

He said a warrant of arrest was issued for Tompolo’s arrest only when he failed to appear in court to answer to criminal charges against him.

“He failed and bluntly refused to present himself in court, thus leaving the court with no other option but to take measures at compelling him to appear,” AGF said.

The AGF said the sections do not stop Tompolo from appealing against any ruling he is dissatisfied with.

He said contrary to the applicant’s claim, sections 221 and 206 do not also prevent Tompolo from challenging an erroneous or defective charge, only that such objections can only be raised after trial in a final address.

“This action and reliefs sought by the applicant do not fall under the ambit of the enforcement of fundamental rights. This suit is cleverly orchestrated by the applicant to impede the proper dispensation of justice, thus surreptitiously avoiding to stand trial.

“This suit is an abuse of court process, frivolous and time wasting and should be dismissed with cost,” the AGF said.

The Federal Government, AGF, the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff are the respondents.

Tompolo is praying the court to declare that Section 221 of the ACJA constitutes a flagrant violation of his fundamental right to fair hearing as guaranteed under Sections 36(1), (4) and (6) of the 1999 Constitution.

He said the Act “seeks to be an absolute bar to any objection to a criminal charge or information, already filed” against him and others.

EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large” in the charge.

He was also absent on April 18 when his co-accused, a former Nigerian Maritime Administration and Safety Agency’s (NIMASA’s) Director-General Dr Patrick Akpobolokemi and others, were arraigned for alleged N22.7 billion fraud. He was also said to be “at large”.

Justice Olatoregun-Ishola adjourned till May 19 for hearing.

Source: Ripples Nigeria