The Court of Appeal sitting in Lagos State on Wednesday dismissed the appeal brought before it by Government Ekpemupolo, alias Tompolo against the Economic and Financial Crimes Commission, EFCC, over the Bench Warrant issued on him by Justice Buba of the Federal High Court in Lagos.
The EFCC had on 15th December, 2015 instituted a Criminal Charge against Tompolo and 9 others.
The anti-graft agency, through its counsel, Festus Keyamo could not serve Tompolo personally with the summons.
Keyamo on January 12, 2016, applied and obtained an order for substituted service of the summons by pasting same on Tompolo’s last known address at No. 1 Agbanu DDPA Extension Warri, Delta State.
However, Tompolo neglected and failed to appear in court in response to the summons.
Following his refusal to appear in court, Justice Buba issued a warrant for his arrest on January 14, 2016 pursuant to Section 131 of the Administration of Criminal justice Act 2015.
Tompolo thereafter responded by filing a Motion on Notice dated the 27th day of January, 2016 seeking the following reliefs: an order of court setting aside its order of 12th January, 2016 for issuance of Summons to compel the appearance of the defendant; an order setting aside Charge No: FHC/L/553C/15 and service of summons to compel the appearance of the defendant and, an order setting aside the Warrant for the arrest of the defendant issued on 14 January, 2016.
Justice Buba dismissed Tompolo’s motion after much argument from both parties.
In its ruling on Wednesday, the Court of Appeal said that the former Niger Delta warlord had been properly served with the summons and saw no reason to set aside the Bench Warrant still subsisting against him.
The Court unanimously held that Tompolo’s appeal was devoid of any merit and thereby dismissed it.
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