A Federal High Court sitting in Lagos on Monday ordered security agencies to produce former militant leader, Government Ekpemupolo also known as Tompolo during its next sitting.
Justice Ibrahim Buba in his ruling also denied the objection filed before it by the former militant leader, asking that bench warrant earlier issued for his arrest be set aside.
Buba said the application by Tompolo’s counsel, Tayo Oyetibo, urging the court to set aside an earlier order of substituted service was “misconceived, misplaced, and inapplicable.”
Buba said, “Up till today, the first defendant has refused to honour the invitation of the court to appear before it.”
“The whole essence of service is to make the person aware of charges facing him. By bringing an application before the court, the first defendant had become aware of the charge before the court.”
He adjourned the matter till February 19th while ordering security agencies to produce Tompolo during the court’s next sitting.
The Economic and Financial Crimes Commission, EFCC, recently arraigned Tompolo and former Director of the Nigerian Maritime Administration and Safety Agency, NIMASA, Patrick Akpobolokemi, over a multibillion naira fraud at the agency.
Others charged alongside the duo are Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, Kime Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh.
Earlier, counsel to EFCC told the court that all the accused persons reported to the Commission’s office by 7 a.m. on Monday ahead of their court appearance, except Tompolo.
Keyamo told the Judge that Tompolo’s continued refusal to appear before the court as well as EFCC’s invitations were an affront on the judiciary.
Unlike previous sittings where Tompolo ignored the court’s order for his appearance, he sent a lawyer to represent him on Monday.
Oyetibo, informed the court that he intends to challenge the manner in which the prosecution effected the court’s order for substituted service on his client.
He said, “On January 12, this court made a specific order for substituted service on the first defendant to be pasted on the gate of No.1 Agbamu street in Warri, Delta State,”
“In purported execution of that order, the prosecution deposed an affidavit of service on 14th January and exhibited a photograph of the premises to which the service was pasted.
“The building shown in the photograph is a completely different property.
“The question is whether the prosecution has carried out the order made by this court. If the answer is yes, then we can proceed with the hearing of this matter.”
Justice Buba while dismissing Oyetibo’s application held that he would not entertain any attempt to delay the trial, adding that the new Administration of Criminal Justice Act 2015 had ushered in “change.”
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