An ex-Niger Delta militant leader, Government Ekpemupolo, alias
Tompolo, has asked with Justice Ibrahim Buba of a Federal High Court in
Lagos to set aside the warrant of arrest issued against him.
Justice Buba had on January 14 issued a
bench
warrant against Tompolo and ordered his arrest for failing to honour a
court summons dated January 12 in respect of a 40-count of alleged N34bn
fraud levelled against him and nine others by the Economic and
Financial Crimes Commission.
On January 14, while all his co-accused persons were in court with
their lawyers, Tompolo was absent and was not represented by any lawyer.
The EFCC prosecutor, Festus Keyamo, had then applied under Section
131 of the Administration of Criminal Justice Act 2015 for an order to
arrest Tompolo and bring him to court to answer the charges against him.
While granting the order, Justice Buba had said there was a proof
that the EFCC had served the summons and the charge sheet on Tompolo by
pasting them on the wall of his residence at No. 1, Chief Agbanu DDPA
Extension, Warri, Delta State.
The judge ordered that Tompolo should be arrested and produced in court on February 8 to answer the charges.
But Tompolo has filed an application through his lawyers, Mr. Tayo
Oyetibo (SAN) and Ebun-Olu Adegboruwa, seeking an order of the court to
set aside the warrant of arrest issued against him, on the claim that
the EFCC did not serve him with the summons and the charge sheet.
In the application, Tompolo described as fictitious the address known
as No.1, Chief Agbanu DDPA Extention, Warri, Delta State, where the
EFCC said it pasted the summons and the charge sheet.
“In the history or geography of Warri or its environs no such street name is known,” Tompolo claimed.
His lawyers also argued that the application filed by the EFCC to
obtain the order for substituted service was incompetent because it did
not bear the seal of the legal practitioner who signed it.
In an affidavit filed in support of the application, one, Nsikan Udo,
who was the deponent, claimed that Tompolo’s resided at No. 13 Chief
Agbamu Close, DDPA Extension, Warri (Effurun), Delta State and not No.
1, Chief Agbamu DDPA Extension, Warri, Delta State where the summons and
the charge sheet were pasted by the EFCC.
The deponent claimed that as of January 11 when the EFCC went to
paste the court papers, Tompolo was at “a premises known as No. 1 Chief
Agbamu Lane DDPA Extension, Warri (Effurun), Delta State throughout the
week beginning from 11th January 2016.”
“The gate of the premises known as No. 1 Chief Agbamu Close, DDPA
Extension, Warri (Effurun), Delta is black in colour and is not
perforated nor does it have a see-through, reddish/brown gate with iron
bars shown in Exhibit GE4,” Udo claimed.
Tompolo is therefore seeking, among others, “an order setting aside
the warrant for the arrest of the 1st accused
person/applicant (Government Ekpemupolo, alias Tompolo) issued by this
court on 14th January 2016 pursuant to the purported service of the
summons and the criminal charge instituted in this case on the
applicant.”
Adegboruwa, in a statement, however, said his client was prepared to
willingly come to court to answer any charges preferred against him.
He also said the Inspector General of Police, the Chief of Army Staff
and the Navy had been notified of Tompolo’s application, “so that
overzealous persons do not take advantage of the court process to
attempt to trample on his legal rights.”
In the charge against Tompolo and others, the EFCC accused them of
conspiring to divert various sums running into over N34bn, stolen from
the Nigerian Maritime Administration and Safety Agency to their personal
use.
Charged alongside Tompolo is the immediate past Director General of
NIMASA, Patrick Akpobolokemi; one Kime Engozu, Rex Elem, Gregory Mbonu
and Capt. Warredi Enisuoh.
They were charged along with four companies – Global West Vessel
Specialist Limited, Odimiri Electrical Limited, Boloboere Property and
Estate Limited and Destre Consult Limited.
The EFCC said they acted contrary to Section 18 (a) of the Money
Laundering (Prohibition) (Amendment) Act, 2012 and were liable to
punishment under Section 15 (3) of the same Act.
