Ladipo Sanusi/
Justice Cecilia Mojisola Olatoregun of a Federal High Court, Lagos, on Wednesday, dismissed an application filed by Niger-Delta militant, Chief Government Ekpemupolo, popularly called Tomopolo, challenging a criminal suit brought against him by the Federal Government.
Tompolo, through his lawyer, Mr. Ebun Olu-Adegboruwa, had approached the court seeking nullification of Section 221 and 306 of Administration of Criminal Justice (ACJA) 2015, under which he was charged, arguing the the two sections violate his Constitutional right to fair hearing.
Tompolo had joined the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, as other Defendants in the suit.
In the application, Tompolo also argued that both sections 221 and 306 are unconstitutional so far that they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and application for a stay of proceedings, pending appeal.
Section 221 Administration of Criminal Justice Act, states that “objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge”, while Section 306 states that “an application for stay of proceedings in respect of a criminal matter before a court shall not be entertained”.
Responding to Tompolo’s application, the Federal Government, through its lawyer, Mr. Idris Mohammed, urged the court to dismiss the suit with a substative cost, as it is an abuse of court process, frivolous, time wasting, grossly misleading and erroneous in its totality.
While dismissing the suit, Justice Olatoregun said the Supreme Court had affirmed that either a charge is defective or not, an accused person is bound to first take his plea, adding that an interlocutory application cannot stop a criminal trial.
The judge, however, did not award any cost against the plaintiff.
It will be recalled that Justice Ibrahim Buba of the same court had on January 14, 2016 issued a warrant for the arrest of Tompolo, after he failed to show up for his trial.
The EFCC had charged Tompolo alongside nine others for an alleged N45.9 billion fraud.
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