A former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo) has appealed the order for his arrest by Justice Ibrahim Buba of the Federal High Court in Lagos.
He is also praying that his case be transferred to another judge for adjudication.
Justice Buba had, on February 8, directed security agencies to arrest Tompolo and held that the warrant of arrest earlier issued for his arrest still subsists.
Dissatisfied, Tompolo appealed. He is praying the appellate court to set aside Justice Buba’s February 8 ruling.
He also sought an order setting aside the order made on January 12 to compel his appearance and for substituted service of the processes on him.
In the Notice of Appeal filed on his behalf by the law firms of Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa, Tompolo said Justice Buba erred in law in refusing to set aside the warrant of arrest issued against him.
He said there was no evidence to show that he had been notified of the summons and the criminal charge pending against him.
Tompolo also complained that the learned judge should have ascertained that the the Economic and Financial Crimes Commission (EFCC) duly complied with the order for substituted service, by posting the charge at the correct address.
The appellant 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 EFCC’s behalf failed to affix his stamp and seal on it.
Tompolo is asking the Court of Appeal to set aside the warrant for his arrest and vacate all subsequent proceedings emanating from the “flawed” process of the criminal charge.
He is further seeking that the charge against him should be transferred from Justice Buba to another judge of the Federal High Court.
In ground one of the appeal, Tompolo said: “The learned trial Judge erred in law and violated the appellant’s right to a fair hearing as guaranteed by section 36(6)(b) of the 1999 Constitution when he refused to set aside the aarrant for the arrest of the appellant which was issued on 14 January,2016 pursuant to section 131 of the Administration of Criminal Justice Act 2015 when Summons to appear in court and the Criminal Charge were never served on the Appellant.”
According to Tompolo, by by virtue of Section 36(6)(b) of the 1999 Constitution, every person who is charged with a criminal offence is entitled to be given adequate facilities for the preparation of his defence.
Tompolo said Justice Buba also erred in law and violated his right to personal liberty when he refused to set aside the warrant for his arrest which was issued pursuant to section 131 of the Administration of Criminal Justice Act (ACJA) 2015 when there was unchallenged evidence before the court that he was never served with a Summons to appear in court.
He is also appealing on the basis that there is no street in Warri known as Chief Agbanu DDPA Extension, but that there is Chief Agbamu Close DDPA Extension Warri.
“The Summons and the Criminal Charge were not affixed at the property known as No. 1 Chief Agbamu Close DDPA Extension, Warri, Delta State,” the appellant said.
“The order for the issuance of the warrant for the arrest of the appellant was obtained upon false facts.
“A warrant of arrest is a very serious court process issued for the deprivation of a person of his personal liberty by reason of which it ought not to be issued, in law, upon false facts,” Tompolo.
In ground six, Tompolo said the judge “occasioned miscarriage of justice” when he renewed the warrant for the arrest.
Ground eight reads: “The learned trial judge erred in law and thereby occasioned a miscarriage of justice when he failed, refused or neglected to give a decision on the competence of processes that were filed in breach of Rule 10(1) of the Rules of Professional Conduct for Legal Practitioners 2007 made pursuant to the Legal Practitioners Act.”
Ground nine reads: “The learned trial judge erred in law in holding that it was not wrong for the prosecution to have unilaterally altered the capacity in which this charge was instituted from that of ‘plaintiff’ to that of ‘complainant’ without an order of court.
Ground 10 says: “The ruling of the lower court is unreasonable, unwarranted and cannot be supported having regard to the evidence before the court.”
Justice Buba, last Friday, ordered EFCC to seize Tompolo’s assets due to his refusal to turn himself in.
The property will be auctioned to willing buyers after three months, the court held.
