Davidson Iriekpen in Lagos and Senator Iroegbu in Abuja
Justice Ibrahim Buba of the Federal High Court, Lagos, yesterday ordered the arrest of a former Niger Delta militant, Mr. Government Ekpemupolo, popularly known as Tompolo.
The court gave the order following Tompolo’s refusal to appear in court over allegations of money laundering and stealing of over N34 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA).
All the accused persons including the former Director-General of NIMASA, Mr. Patrick Akpobolokemi, were present in court with the exception of Tompolo, whose absence stalled their arraignment.
Other defendants who appeared in court other that Akpobolokemi, who hobbled into the court room in crutches, were Global West Vessel Specialist Limited, Odimiri Electrical Limited and Kime Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Limited, Mr. Gregory Mbonu and Captain Warredi Enisuoh.
The Economic and Financial Crimes Commission (EFCC) had filed a 40-count charge of money laundering, conspiracy, stealing and diversion of funds against them.
The suspects were alleged to have diverted N34 billion which accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist Limited, said to be linked to Tompolo, for personal use.
Shortly after the case was called, EFCC lead counsel, Mr. Festus Keyamo, urged the court to issue a bench warrant against Tompolo, adding that he had consistently shunned several invitations by the EFCC.
Keyamo informed the court that instead of honouring the invitation, Tompolo in an advertorial threatened to unleash war on the country and acted like a “warlord”.
Countering Keyamo, the counsel to Akpobolokemi (second defendant), Dr. Joseph Nwobike (SAN), urged the court to exercise restraint and give Tompolo more time to appear in court.
But Justice Buba, in his ruling, issued a bench warrant against the former militant leader, ordering the police to produce him in court by all means.
Justice Buba held that when “a defendant refuses to come to court, the proper thing is to serve him with a court summon to appear”.
He added: “When he appears, that is the end of the matter, the allegation would be read to him. But if he fails to appear in obedience to the summons, the other process to compel his attendance is by way of arrest.
“The processes that led to the substituted service on Tompolo are before the court by way of affidavit evidence. There is also an affidavit showing that the first defendant was served as ordered by the court.
“In the circumstances, the court is in a position to exercise its discretion to order for the arrest of Government Ekpemupolo, aka Tompolo, to compel his attendance to answer the allegation before the court under Section 131 of the Administration of Criminal Justice Law 2015, and it is thereby ordered that the warrant of arrest of Government Ekpemupolo, aka Tompolo, shall be issued forthwith.”
Justice Buba ordered that the other accused persons present in court should return to where they came from – either from EFCC custody or their respective homes – and adjourned the matter till February 8 for mention.
Shortly after the ruling, the counsel to the seventh and eighth defendant, Emeka Okpoko, informed the court that his client had been in EFCC custody for two days and sought clarification on whether they should be given administrative bail by EFCC.
The EFCC had in the motion ex parte asked the court to compel Tompolo to appear in court having been alleged to have committed the offence in the charge.
The court also granted the request by EFCC to serve Tompolo, through substituted means, by pasting the court summons in a conspicuous part of his home located at No 1 Chief Agbanu DDPA Extension, Warri, Delta State.
In another case, the EFCC finally filed a seven-count corruption charge against the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, after detaining him for more than one week in its custody.
The charges, which border on breach of trust, criminal diversion of public fund and money laundering, were filed at the Federal High Court in Abuja yesterday.
There were strong indications that the commission, which failed to arraign Metuh and his company – Destra Investment Ltd – yesterday, is likely to do so today.
The charge sheet alleged that the PDP spokesman in November 2014 obtained the sum of N400 million through Destra Investment Ltd from the Office of the National Security Adviser (ONSA) on behalf of the PDP for campaign activities.
He was accused of converting part of the money to $1 million and diverting it to his personal use, while another sum of N21.7 million was transferred to another chieftain of the PDP, Chief Tony Anenih.
Meanwhile, the EFCC yesterday insisted that it had a valid court order to detain Metuh for allegedly receiving N400 million from ONSA.
The counsel to the EFCC, Mr. Rotimi Jacobs (SAN), made this known at a Federal High Court in Abuja in a suit filed by Metuh challenging his continued detention by the commission.
Jacobs informed the court that the EFCC had filed a seven-count criminal charge against Metuh and that he would soon be arraigned along with Destra Investment Limited allegedly used in siphoning public funds.
Jacobs said contrary to the perception that Metuh was being held unlawfully, the commission had obtained the order of a court in line with the Administration of Criminal Justice (ACJ) Act, approving the detention of the politician pending the completion of investigations into the allegations against him.
He also explained that under the ACJ Act, EFCC has the powers to hold a suspect in line with a court order.
He said: “It is arrant nonsense for anybody or group to say that the suspect is being detained illegally for political reasons. EFCC is established by law and as such, cannot take the laws into its own hands.
“The truth is that there is a valid and subsisting court order that permits the detention of the man.
“The order was issued by the court based on the avalanche of documentary evidence placed before the court and the need to complete the interrogation diligently before coming to court to arraign him properly.”
Arguing against the enforcement of his fundamental rights suit brought against the EFCC by Metuh, the EFCC counsel stated that the commission had just been served with the originating summons.
He said in line with the provisions of the law, the agency has five days to respond to all the issues raised in the suit and that the court had graciously adjourned the matter to January 20 to enable them file their response to the suit.
But Metuh’s counsel, Chief Ifedayo Adedipe (SAN), complained that his client was being held illegally by the EFCC, citing the failure by the commission to arraign him in court within the time stipulated by law.
Adedipe asked the court to compel the EFCC to either release his client on administrative bail or charge him to court as required by law.
Metuh had filed a motion at the court on January 13, demanding the immediate commencement of hearings into his case.
At hearing yesterday, Adedipe told the court in his interlocutory application that the arrest and detention of the PDP spokesman was unconstitutional, stressing that “the EFCC has no constitutional right to arrest and detain anyone without charging the person to court”.
But the presiding judge, Justice Okon Abang, said the matter was merely an interlocutory application, not a substantive case.
He granted EFCC’s request for five days to respond to the application in the event there is no opposition to its content.
Justice Abang adjourned the matter to January 20 on ruling on the application.
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