Embattled ex-militant leader, Chief Government Ekpemupolo, (alias Tompolo), has told the Court of Appeal sitting in Lagos to set aside the order of a Federal High Court, Lagos, which issued a bench warrant for his arrest.
It will be recalled that on January 14, 2016, trial judge, Justice Ibrahim Buba of a Federal High Court, Lagos, issued a warrant for Tompolo’s arrest following an application by the Economic and Financial Crimes Commission, EFCC.
EFCC had filed a charge against Tompolo and nine others, over allegation of money laundering and stealing of about N34 billion belonging to the Nigerian Maritime Administration and Safety Agency, NIMASA.
But on January 27, 2016, Tompolo filed an application before the court, to set aside the said warrant of arrest. On February 8, 2016, the said application was argued and dismissed by the court.
Tompolo, thereafter, filed an appeal against the ruling of the lower court, on February 18, 2016.
Tompolo, in the appeal by the law firms of Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, is complaining that the learned trial court erred in law, in refusing to set aside the warrant of arrest issued against him, when there was no evidence to show that he had been notified of the summons and the criminal charge pending against him, before the court.
Tompolo also complained that the trail 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.
According to him, 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.
Tompolo is thus 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 the current judge, to another judge of the Federal High Court.
He added that he is 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.
He also wants the relevant law enforcement agencies to be 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, Delta State or to harass the family, relatives, friends and well his wishers.
