LAGOS MAY 5TH (URHOBOTODAY)-The Federal Government of Nigeria has asked the Federal High Court, Lagos, to dismiss the case filed by Chief Government Ekpemupolo (alias Tompolo) for being an abuse of process and an attempt to shield Tompolo from his trial.
It will be recalled that on Friday, April 8, 2016, Tompolo filed a fresh action before the Federal High Court, in Lagos, asking for an interpretation and nullification of certain sections of the Administration of Criminal Justice Act, 2015, which he stated affected his constitutional rights.
Earlier on January 14, 2016, the Federal High Court, the Honourable Justice Ibrahim Buba, had issued a warrant for the arrest of Tompolo.
On January 27, 2016, Tompolo filed an application before the Court, to set aside the said warrant of arrest. On February 8, 2016, the said application was argued and dismissed by the Court.
Tompolo thereafter filed an appeal against the Ruling of the Court, on February 18, 2016. Tompolo’s appeal was entered at the Court of Appeal on March 3, 2016, following which his team of legal practitioners have filed the Appellant’s brief of argument in the said appeal, awaiting the response of the Economic and Financial Crimes Commission.
In this new case, filed against the Federal Government of Nigeria, the Attorney-General of the Federation, the Economic and Financial Crimes Commission, the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, Tompolo is contending that sections 221 and 306 of the Administration of Criminal Justice Act are invalid and unconstitutional, in so far as they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and an application for a stay of proceedings pending appeal.
He is thus asking the Court to stop his further trial until the determination of these issues.
The case came up before the Honourable Justice Olatoregun on April 18, 2016, and it was then adjourned to May 4, 2016, to enable the court bailiff serve the court papers on the respondents. When the case came up on May 4, 2016, Ebun-Olu Adegboruwa led David Fadile and Kingsley Izimah for the applicant, Tompolo, whilst Mr. T.A. Mukoro, leading Miss Oluwakemi Campbell, represented the Federal Government and the Attorney-General of the Federation. Mr. I.A. Mohammed appeared for the Economic and Financial Crimes Commission.
Mr. Mukoro informed the court that the federal government had filed its counter-affidavit to the suit whereupon he moved his motion for extension of time to file the said counter-affidavit which the court granted.
Mr Adegboruwa promised to file his reply to the counter-affidavit within seven days. On the part of the EFCC, Mr Mohammed asked for more time to file his counter-affidavit, which the court granted and the case was then adjourned to May 19, 2016, for hearing of the main application.
In the counter-affidavit of the federal government, dated April 29, 2016 and sworn to by Miss Felicia Des-Bordes, a litigation clerk in the federal ministry of justice, Marina, Lagos, it was stated that the warrant of arrest was issued against Tompolo upon his failure to appear in court after he had been duly notified of the criminal charge pending against him
. It was also contended that sections 221 and 306 of the Administration of Criminal Justice Act, 2015 were designed to ensure speedy and effective determination of cases, in furtherance of the fundamental rights of citizens, as granted by the Constitution and that since Tompolo always has a right of appeal, refusal or denial of his application for a stay of proceedings pending appeal, cannot be a denial of his constitutional right.
It was argued on behalf of the federal government that the case filed by Tompolo constitutes an abuse of the process of the court and should therefore be dismissed.
In an accompanying written address signed by Mrs. A.C. Akwiwu, a counsel in the chambers of the Attorney-General of the Federation, it was submitted that the court should not allow itself to be used by Tompolo to hinder or frustrate his criminal trial.
The case has been adjourned to May 19, 2016, for hearing.