Wanted former Niger Delta militant leader, Government Ekpemulopo
[Tompolo], has commenced a legal action against the Federal Government
of Nigeria, challenging the N45.9bn fraud charges against him.
Tompolo,
who approached the Federal High Court in Lagos through his lawyer, Mr.
Ebun-Olu Adegboruwa, is seeking an order, restraining the Federal
Government and its agencies from proceeding with the N45.9bn fraud
charges filed against him.
The defendants in the suit are Federal
Government of Nigeria, the EFCC, the Inspector-General of Police, the
Chief of Army Staff, the Chief of Naval Staff and the Chief of Air
Staff.
Tompolo, through Adegboruwa, is contending that
sections 221 and 306 of the Administration of Criminal Justice Act,
2015, which prohibit him from seeking stay of proceedings in his trial,
are infringing on his constitutional rights to fair hearing.
He
is urging the court to not only nullify sections 221 and 306 of the ACJA
but to also restrain the Federal Government, the EFCC and the IGP from
deploying those sections of the law against him.
Adegboruwa
argued that sections 221 and 306 were in conflict with Section 36 of the
Constitution, which guarantees his client’s right to fair hearing.
The
suit followed an appeal filed by Tompolo against the dismissal of his
application seeking to set aside the arrest warrant issued against him
by Justice Ibrahim Buba on February 8, 2016.
Tompolo is urging
the Court of Appeal not only to vacate the arrest warrant issued against
him but to also disqualify Justice Buba from presiding over his case.
Adegboruwa
said Justice Buba must suspend all actions on the charges against his
client pending the decision of the Court of Appeal.
The EFCC had
since January this year charged Tompolo alongside nine others before
Justice Buba for an alleged N45.9bn fraud. But Tompolo went under,
employing lawyers to go to court on his behalf.
0 Comments
Post your comment in the box below...