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| Tompolo |
FORMER leader of the Niger-Delta militant group, Government Ekpemupolo (aka
Tompolo), has re-approached a Federal High Court sitting in Lagos seeking to expunge sections 221 and 306 of the Administration of Criminal Justice Act
(ACJA) 2015 alleging that the sections were inconsistent with the
1999 Constitution praying that if not expunged, will interfere with his constitutional rights.
Following this notion, Tompolo is asking the court to halt his trial pending when the provisions are amended or until the determination of these issues by the court.
Respondents in the suit are the Federal Government, Attorney-General of the Federation, Economic
and Financial Crimes Commission (EFCC), Inspector-General of Police, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff.
Section 221 provides that “Objections shall not be taken or entertained
during proceedings or trial on the grounds of an imperfect or erroneous
charge”, while Section 306: “An application for a stay of proceedings in
respect of a criminal matter before a court shall not be entertained.”
Tompolo who has been at large having been declared wanted by the Police and EFCC is contending that the sections were unconstitutional because
they seek to prevent the court from exercising its jurisdiction to
entertain any objection to a criminal charge and an application for a
stay of proceedings pending appeal.
The ex-miilitant leader was charged with a former Nigeria Maritime
Administration and Safety Agency (NIMASA) Director-General Patrick
Akpobolokemi; Global West Vessel Specialist Limited, Odimiri Electrical
Limited and Kemi Engozu on a 40-count charge before Justice Ibrahim Buba,
allegedly diversion of N34 billion belonging to NIMASA.
Another charge of stealing, advanced fee fraud and money laundering
involving about N22.7 billion is pending against Tompolo before Justice
Buba.
The judge adjourned until April 18 for Tompolo’s arraignment on the 22-count.
No date has been fixed for the new case.
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