Former Niger-Delta militant Government Ekpemupolo a.k.a Tompolo Monday urged a Federal High Court in Lagos to set aside the arrest warrant to compel his appearance to defend himself on a 40-count charge of alleged N34bn fraud filed against him and nine others by the Economic and Financial Crimes Commission (EFCC).
In the application filed on his behalf by Lagos lawyer Ebun-Olu Adegboruwa, Tompolo is asking the court to vacate the order made on January 12, 2016 to compel his appearance and for substituted service of the processes in the proceedings against him.
The accused person is claiming that EFCC did not follow due process of law in applying for an order of substituted service of the criminal charge against him and that no service of the charge was effected as directed by the court before the commission applied for arrest warrant against him.
He also alleged that up till the time of filing the application, he has not been served with the criminal charge or indeed any arrest warrant.
Tompolo claimed further that the address known as No.1, Chief Agbanu DDPA Extension, is a fictitious address not existing in the history or geography of Warri or its environs and no such street name is known in Warri or its environs.
The accused person also maintained that the order made by Justice Ibrahim Buba on January 12, 2016 was addressed to a non-existent location and same cannot be (and could not have been) lawfully executed.
He insisted that the application for substituted service was incompetent because it did not contain the seal of the person who signed it as legal practitioner.
The application is expected to be heard next week Monday when hearing in the case resumed.
Justice Ibrahim Buba ordered the arrest of Tompolo for failing to appear before him to take his plea on a 40-count charge of alleged N34bn fraud filed against him and nine others by the commission.
-Leadership