Justice Ibrahim Buba of Federal High Court in Lagos Thursday ordered the arrest of former Niger Delta militant, Government Ekpemupolo (alias Tompolo) for failing to honour a summons issued to him by the court.
Justice Buba on Tuesday ordered Tompolo to appear before him on Thursday to answer a 40-count charge of unlawful conversion and stealing brought against him by the Economic and Financial Crimes Commission (EFCC).
The judge also granted leave to the EFCC to serve Tompolo the summons and charge number FHC/L/553/2015 through substituted means, by “affixing same on the conspicuous part of his known address situated at 1, Chief Agbanu DDPA Extension Warri, Delta State”.
However, when the case was called, all the other accused persons were present in court except the ex-militant, who was also not represented by a counsel.
Counsel to the EFCC Festus Keyamo, who informed the court that the order of the court had been carried out, expressed surprise at the absence of the accused person in court.
Consequently, Keyamo urged the court to issue a warrant for the arrest of Tompolo in line with Section 131 of the Administration of Criminal Justice Act to compel his appearance in court.
The lawyer also informed the court that instead of honouring the several invitations extended to him, the former Niger Delta militant has been threatening the EFCC.
He said, “When the commission invited the first accused person over the allegations against him, instead of making himself available, he put up a full page advert in various newspapers warning that nobody should push him to war.
“This court must order his arrest to demonstrate that no one is above the law, and that no matter who you are, you are not greater than the country,” Keyamo submitted.
The lawyer representing the former boss of the Nigerian Maritime Administration and Safety Agency (NIMASA) Patrick Akpobolokemi, Joseph Nwobike SAN, asked the court to give Tompolo more time to appear since he was just served with a copy of the court summons on Wednesday.
In a short ruling, Justice Buba noted that the process of getting an accused person to court to answer allegations made against him is very clear.
He also said, “The process involves the issuing of a summons and where this fails to compel the appearance of the accused person, the court can then order the arrest of the accused person.
“In this case, the fact before the court demonstrated that the accused person refused to honour several invitations from the EFCC, a development that compelled the commission to apply for a summons.
“The court summons has been issued and served on him; but in spite of this, the accused has refused to come to court. Based on this the court will exercise its discretion.
“I hereby order that a bench warrant be issued for the arrest of Government Ekpemupolo (alias Tompolo) to compel him to come to court and face allegations made against him,” the court ruled.
The judge then adjourned the case till February 8 for commencement of trial, while the other accused persons in the case were also ordered to appear on the same day.
The anti-graft agency in December 2015 charged Tompolo, a former boss of the Nigerian Maritime Administration and Safety Agency (NIMASA) Patrick Akpobolokemi and eight others before the court for allegedly converting the sums of $108.7million and N2.1billion belonging to NIMASA for their personal use.
Other accused persons are: Global West Vessel Specialist Limited, Odimiri Electricals Limited, Kime Engozu, Boloboere Property and Estate Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu and Captain Warredi Enisuoh.
The suit was filed on behalf of the EFCC by its prosecutor Festus Keyamo. In 16 of the counts, the agency alleged that Ekpemupolo, Akpobolokemi, Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, Boloboere Property Estate, Kime Engozu, and Simon John Adomene, who is currently at large, conspired 2012 and 2014 to commit the offence, knowing that the two sums of money were proceeds of stealing.
In counts 17-38 of the criminal charges, Rex Elem, Gregory Mbonu, and Destre Consult Ltd are alleged to have converted N106.8 million, the property of Global West Vessel Specialist Ltd, despite knowing that the sum was derived from official corruption.
In counts 39 and 40, the EFCC alleged that Captain Warredi Enisuoh converted N8 million, property of Global West Vessel Specialist, knowing that the money was derived from official corruption all of which violate the Money Laundering Act of 2012.
Akpolobokemi is currently facing two different charges of stealing and conversion of money running into billions of naira before the same court.
He and nine others were first arraigned before Justice Saliu Saidu on December 3, 2015 on a 30-count charge of conspiracy, criminal conversion and laundering N3.1 billion.
The anti-graft agency claimed that the accused persons allegedly conspired to launder the sums under the guise of providing security intelligence around the Maritime domain.
Also on December 4, 2015, the anti-graft agency arraigned the former NIMASA DG and five others before Justice Buba on a 22-count charge of stealing N2.5 billion.
Akpolobokemi and other accused persons have all pleaded not guilty to the charges.
-Leadership
