Justice
Ibrahim Buba of the Federal High Court, Lagos yesterday issued fresh
order of arrest against ex-militant leader, Government Ekpemupolo (aka
Tompolo) charged with alleged N34 billion fraud.
He ordered security agencies to compel
Tompolo’s attendance in court on February 19 without further delay. The
order was sequel to Tompolo’s absence in court to face trial.
Justice Buba had on January 14 issued a
bench warrant against Tompolo and ordered his arrest for failing to
honour a court summons dated January 12 in respect of a 40-count charge
of the alleged fraud levelled against him and nine others by the
Economic and Financial Crimes Commission (EFCC). However, Tompolo in an
application filed by his lawyer, Tayo Oyetibo (SAN), prayed the court to
set aside the warrant of arrest.
At the resumed hearing of the case yesterday, Oyetibo
informed the court of an application dated January 27, challenging
service of the charge based on a defect in the address of service.
He said his application does not attack
the competence of the charge, but rather, service of the charge effected
on Agbanu Street, instead of Agbamu Street.
Oyetibo argued that the residence of the
accused in Warri has a black gate, but that the service was effected on a
residence with see-through gates.
He urged the court to hold that service of the charge was not properly effected on the first accused.
Opposing the application, EFCC’s
counsel, Festus Keyamo, said the application violates the provisions of
Section 96 (2) of the Administration of Criminal Justice Act.
In his ruling, Justice Buba urged counsel
not to waste the time of the court on mere technicalities. He said the
whole essence of substituted service was to bring to the attention of
the accused, that a charge had been preferred against him.
The judge noted that regardless of
whoever the service is effected, if the accused becomes aware of it,
then the purpose of service has been fulfilled.
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