Ex-militant leader, Chief Government Ekpemupolo, alias Tompolo, has asked the Court of Appeal in Lagos to set aside the order of a Federal High Court, Lagos, which issued a bench warrant for his arrest.
On January 14, 2016, trial judge, Justice Ibrahim Buba of a Federal High Court, Lagos, issued a warrant for Tompolo’s arrest following an application by the Economic and Financial Crimes Commission (EFCC).
EFCC had filed a charge against Tompolo and nine others, over allegation of money laundering and stealing of about N34 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA).
But on January 27, 2016, Tompolo filed an application before the court to set aside the warrant of arrest.
On February 8, 2016, the application was argued and dismissed by the court.
Tompolo, thereafter, filed an appeal against the ruling of the lower court, on February 18, 2016.
In the appeal by the law firms of Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa, Tompolo is complaining that the learned trial court erred in law, in refusing to set aside the warrant of arrest issued against him, when there was no evidence to show that he had been notified of the summons and the criminal charge pending against him, before the court.
Tompolo also complained that the trial court should have ascertained that the EFCC duly complied with the order of the court for substituted service, by posting the charge at the correct address as contained in the order of the court.
According to him, the application leading to the issuance of the warrant of arrest was not competently placed before the court, as the counsel that 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.
He added that he is a law-abiding citizen who is only demanding the Federal Government should show compliance with the rule of law and due process, in the filing and prosecution of any crime that may be alleged against him.
He also want the relevant law enforcement agencies to be notified with the details of the appeal, so that they may be well cautioned from taking undue advantage of the criminal charge to wreak havoc upon Gbaramatu Kingdom, Delta State or to harass his family, relatives, friends and well-wishers.
-Vanguard
