Following the refusal of a Federal High Court to set aside the warrant for his arrest, embattled former Niger Delta militant commander, Government Ekpemupolo, alias Tompolo has headed to the Court of Appeal seeking to set aside the bench warrant issued against him.
Tompolo, who had been declared wanted by the Economic and Financial Crimes Commission, EFCC, is also asking that the charges against him be transferred to a different judge, charging his team of solicitors to expedite the process of hearing the said appeal at the earliest possible time.
The ex-militant leader and the former Director- General of the Nigerian Maritime Administration and Safety Agency, NIMASA, Patrick Akpobolokemi are accused of 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 Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh.
Justice Ibrahim Buba of the Federal High Court in Lagos had, on January 14, issued a warrant for the arrest of Tompolo after he failed to honour an invitation to appear before the court. The judge, on February 8, renewed the arrest warrant and a few days later, the EFCC declared the ex-creek warrior wanted.
A statement issued on Sunday by his lawyer, Ebun Adegboruwa, described Ekpemupolo as “a law abiding citizen who is only demanding that the Federal Government should show compliance with the rule of law and due process, in the filing and prosecution of any crime that may be alleged against him.
“The relevant law enforcement agencies are being notified with the details of the appeal, so that they may be well cautioned from taking undue advantage of the criminal charge to wreck havoc upon Gbaramatu kingdom or to harass the family, relatives, friends and well wishers of Tompolo.”
In the notice of appeal filed on his behalf by the law firms of Mr. Adegboruwa and Tayo Oyetibo, the former militant leader said the court erred in law by refusing to set aside the arrest warrant, when there was no evidence to show he had been notified of the summons and the criminal charge pending before him.
Joined as respondents in the appeal are the Federal Republic of Nigeria, Patrick Akpobolokemi,Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, and Kime Engozu. Others are Boloboere Property and Estate Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh. According to the statement, “Tompolo also complained that the learned trial court should have ascertained that the EFCC duly complied with the order of the court for substituted service, by posting the charge at the correct address as contained in the order of the court.
“Tompolo stated further that the application leading to the issuance of the warrant of arrest was not competently placed before the court, as the counsel that signed and filed it on behalf of the EFCC failed to affix his seal thereto, as required by law.
It would be recalled that at the last court sitting, on February 19, the Commission told Justice Ibrahim Buba that the whereabouts of the ex-militant leader remained unknown.
Lawyer to the EFCC, Festus Keyamo said: “We wish to inform the court that the warrant of arrest that this court issued in respect of the first defendant (Mr. Ekpemupolo) has not been executed despite the best efforts of all the security agents in this country.
“Every security agent in this country is involved in the search for the first defendant. What is unfolding is something that has never been seen before in this country for a very long time.”
With Tompolo remaining at large, the EFCC secured an order for substituted service of the witness summons from the judge. The Commission’s operatives travelled to Warri, Delta State, and pasted the summons at his gate at No.1 Chief Agbamu Close, DDPA Extension, Warri, “as ordered by the court,” according to Mr. Keyamo.
But the former militant’s lawyers argued that the summons and criminal charge were not pasted at the property on No.1 Chief Agbamu Close, DDPA Extension, Warri, Delta State.
“The premises shown in the picture exhibited to the affidavit of service as the place where service was purportedly effected is situated at Rifevie Close DDPA Warri Delta State which is not less than 500 metres away from Chief Agbamu Close Warri.
“The decision of the learned trial judge refusing to set aside the purported service is, with respect, perverse,” the statement claimed.
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