TOMPOLO: Federal High Court Re-Issues Warrant Of Arrest

Government Ekpemupolo (Tompolo)

JUSTICE Ibrahim Buba of the Federal High Court in Lagos on Monday re-issued a warrant of arrest and ordered all the Nigerian Police Force and all law enforcement agencies that the former Niger-Delta militant, Government Ekpemupolo be unfailingly produced before it on February 19, 2016.

This order came as the embattled former militant who was earlier ordered to appear before the court on January 14 in relation to the alleged diversion of N34 billion belonging to the Nigerian Maritime Administration and Safety Agency, NIMASA which substantially linked him and nine others, but rather than honouring the order, he filed a rejoinder through his lawyer, Mr. Tayo Oyetibo (SAN) praying the court to set aside the warrant of arrest issued against him by the court.

Tompolo, nine others including the former Director-General of NIMASA, Patrick Akpobolokemi and four companies are to face 40 count-charges filed against them by the Economic and Financial Crimes which according to it, the offence is contrary to Section 18 (a) and 15 (3) of the Money Laundering (Prohibition) Act, 2012

The companies are; Global West Vessel Specialist limited, Odimiri Electrical Limited, Boloboere Property and Estate Limited, and Destre Consult limited.

Arguing the application, Oyetibo informed the court that his client absence in the court was due to improper service of the charge sheet adding that his court is a law abiding citizen who would at any time be willing to respond to court’s summons if properly served.

He argued that the EFCC only pasted the charge sheet and summons at a wrong address and not to the address of his client and therefore prayed the court to rule that the anti-graft agency has not properly served his client with the court summon accordingly.

However, Justice Buba dismissed the application, stating that Oyetibo’s presence in the court is a prima facie evidence that his client was served since no other person who lacks interest in the case could have briefed him, hence concluded that he was briefed by Tompolo to represent him.

On the issue of the leave of the court which Oyetibo raised arguing that the Federal Government did not first seek prior to amending its status from plaintiff to complainant in the charge sheet, the judge described it as subtly diversionary and urged counsel not to waste the time of the court on mere technicalities.

“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 averments 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 subsists. 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.”