Tompolo Appeals Warrant of Arrest

22 Feb 2016

Tompolo

The Embattled former Niger Delta militant leader, Chief Government Ekpemupolo (alias Tompolo), has appealed against the order for his arrest by Justice Ibrahim Buba of a Federal High Court in Lagos.

Justice Buba had on January 14, 2016 issued a warrant for the arrest of Tompolo following his refusal to appear in court over allegation of money laundering and stealing of over N34 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA).

The judge also on February 8, 2016 dismissed Tompolo’s application asking the court to set aside the said warrant of arrest.

Dissatisfied, Tompolo in his notice of appeal filed by his counsel, Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, asked the appellate court to set aside the order of warrant of arrest issued against him on the grounds that there was no evidence to show that he had been notified of the summons and the criminal charge pending against him before the court.

He stated that the trial judge erred in law by refusing to set aside the warrant of arrest issued against him, when he held that the Economic and Financial Crimes Commission (EFCC), duly complied with the order of the court for substituted service by posting the charge at the correct a  address as contained in the order of the court.

Tompolo is also contesting that the application leading to the issuance of his arrest was not competently placed before the court, as the counsel who signed and filed it on behalf of the EFCC failed to affix his seal thereto, as required by law.

Tompolo is thus asking the Court of Appeal to set aside the warrant for his arrest and vacate all subsequent proceedings emanating from the flawed process of the criminal charge.

He is further seeking that the charge against him should be transferred from the current judge to another judge of the Federal High Court.

Part of the 10-grounds of appeal stated that the trial judge erred in law and violated the appellant’s right to a fair hearing as guaranteed by section 36(6)(b) of the constitution when refused to set aside the warrant for the arrest of the appellant which was issued on  January 14,2016 pursuant to section 131 of the Administration of Criminal Justice Act 2015 when summons to appear in court and the criminal charge were never served on the appellant.

“That the trial  Judge erred in law and violated the appellant’s right to personal liberty as guaranteed by section 35(1) of the Constitution when he refused to set aside the warrant for the arrest of the appellant which was issued pursuant to section 131 of the Administration of Criminal Justice Act 2015 when there was unchallenged evidence before the court that the appellant was never served with a summons to appear in court.

The appellant further stated that there is uncontradicted evidence before the court that the warrant of his arrest was issued in error and ought to have been set aside.

“The learned trial judge erred in law and thereby occasioned miscarriage of justice when he renewed on 8 February, 2016 the warrant for the arrest of the appellant in spite of the fact that there was uncontradicted evidence before him that its earlier order of 12th January, 2016 had not been carried out by the Prosecution.”

In a 15-paragraph  affidavit  in support  of  motion  on  notice  deposed to by one Nsikan Udo, a  litigation in the law firm of Tayo Oyetibo, stated that Tompolo resides at No. 13 Chief Agbamu Close DDPA Extension, Warri (Effurun), Delta State, a property on the same street and a stone throw from the premises known as No. 1 Chief Agbamu Close DDPA Extension, Warri (Effurun), Delta State.

“At no point in time whatsoever was any process or document pasted or affixed on the premises known as No. 1 Chief Agbamu Close DDPA Extension, Warri (Effurun), Delta State or any part thereof throughout the week beginning from 11th January 2016.”

“There is no street known as Chief Agbanu DDPA Extention Warri, in the whole of Warri, as contained in the order of this court dated 12th January 12, 2016 but rather the correct name of the Street is Chief Agbamu Close DDPA Extension Warri (Effurun) and no document was ever pasted or affixed on the premises known as No. 1 in the street”.

“Upon a careful perusal of the affidavit of service filed by the plaintiff together with the exhibits thereto showing the property on which the processes of the court were purportedly affixed pursuant to the order of this court, it was observed that the reddish/brownish see through gate with iron bars in the exhibit to which the processes were purportedly affixed looks so much like the gate of the street known as Rifevie Close DDPA Estate, Warri (Effurun) Delta State to which some men were said to have come to affix some documents on or about January 13, 2016.

Now produced, shown to me and marked Exhibits GE5 are certified true copies of the said affidavit of service and exhibits attached thereto.

“I verily believe that the applicant is entitled to be served with the processes of this court in accordance with law.

I know as a fact that the Applicant is unable to prepare for his defence in this proceeding because he is unaware of the nature of the offences leveled against him. It will serve the overriding interest of justice if this application is granted.”