A Federal High Court, Lagos, presided over by Justice Ibrahim Buba, has again renewed the order of arrest against Niger Delta militant leader, Government Ekpemupolo (alias Tompolo) charged with N34 billion theft. Justice Buba in his order directed security agencies in the country to compel the attendance of Tompolo in court on February 19 without further delay. Justice Buba had on January 14 issued a bench warrant against Tompolo and ordered his arrest for failing to honour acourt summons dated January 12 in respect of a 40-count of alleged N34bn fraud levelled against him and nine others by the Economic and Financial Crimes Commission, EFCC.
However, Tompolo in an application filed by his lawyer, Tayo Oyetibo (SAN), prayed the court to set aside the warrant of arrest issued against him. Those charged alongside Tompolo are Patrick Akpobolokemi, Global West Vessel; Odimiri Electrical Limited, Kime Engozu, Boloboere Limited, Rex Elem, Destre Limited, Gregory Mbonu and Captain Warrendi Enisuoh. When the matter came up yesterday, Tompolo’s lawyer, Tayo Oyetibo (SAN), informed the court of an application dated January 27, challenging service of the charge based on a defect in the address of service.Oyetibo argued that his application does not attack the competence of the charge, but rather, service of the charge.
He said the charge was effected on Agbanu Street, instead of Agbamu Street. Oyetibo added that the residence of the accused in Warri has a black gate, but that service was effected on a residence with see-through gates. He, therefore, urged the court to hold that service of the charge was not properly effected on the first accused. Opposing the application, Keyamo argued that the application is in violation of the provisions of section 96 (2) of the Administration of Criminal Justice Act. In his ruling, Justice Buba urged counsels not to waste the time of the court on mere technicalities. Buba said that the whole essence of substituted service was to bring to the attention of the accused, that a charge had been preferred against him.
The judge added that regardless of however the service is effected, if the accused becomes aware of it, then the purpose of service has been fulfilled. Justice Buba dismissed the application and ordered the attendance of Tompolo in court. Buba held: “The entire gamut of this application is for the court to set aside the order granting substituted service of the charge. “The first defendant missed the point completely; the law is that a body like the EFCC has the power to arrest anyone if it has reasonable belief that such person has committed an offence. “On January, 12 when the application for substituted service was moved, one of the averment was that the applicant was invited by the EFCC to answer to some allegations, but up till today he has not deemed it fit to honour the invitation. “It is very clear that the order for substituted service is more than justified against a man who has refused to honour lawful invitation by the EFCC.
“Not only is the accused aware of the charge, but has further briefed counsel representing him, who on his behalf, demanded for all processes filed. “Therefore, all the authorities cited on this issue are with respect, misconceived: whether served by substituted means or not, the accused is aware of the charge. “The application challenging service is misconceived, same be and is hereby dismissed. “The order for arrest still subsist; all authorities in Nigeria are hereby further ordered to ensure that the order of this court for the arrest of Ekpemupolo (a.k.a. Tompolo) is carried out to the letter,” he said. In the charge, the accused were alleged to have conspired to convert and steal the sum, which is property of the Nigerian Maritime Administration and Safety Agency, NIMASA. The alleged offences are said to have contravened the provisions of sections 15, 15 (3), 18, and 18 (a) of the Money Laundering Prohibition Amendment Act, 2012.
National Mirror
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