Court renews arrest warrant against Tompolo
Justice Ibrahim Buba of the Federal High Court, Lagos yesterday renewed the bench warrant issued against a former Niger Delta militant, Government Ekpemupolo, popularly known as Tompolo.
The judge, by the decision, ordered security agencies in Nigeria to compel Tompolo’s appearance in court on February 19. Justice Buba renewed the order while ruling on an application challenging substituted service of a 40-count criminal charge on the accused.
The Economic and Financial Crimes Commission (EFCC) had filed a 40 count charge against Tompolo s nine others on January 11.
The charge borders on allegations of conversion and theft to the tune of over N13 billion.
When the case was called yesterday, Festus Keyamo announced appearance as prosecutor for the EFCC while Tayo Oyetibo (SAN) announced appearance as lead counsel for the first accused.
Oyetibo then informed the court of an application filed on January 27 on behalf of Tompolo, challenging service of the charge based on a defect in the address of service. The prosecutor opposed the application on the grounds that by the provisions of section 96 (2) of the Administration of Criminal Justice Act, such application cannot be adjourned for hearing.
Commenting on the issue, the judge said that regardless of how the service was effected, if the accused became aware of it, then the purpose of service had been fulfilled. He urged the counsel to the accused to move his application.
Adopting his written address as his argument on the issue, Oyetibo argued that the charge was effected on Agbanu St, instead of Agbamu St.
He 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.
Justice Buba dismissed the application and ordered the attendance in court of Tompolo.
“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 anybody 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,” the judge held.