Tompolo Challenges Criminal Justice Sections

Former Niger Delta militant leader, Government Ekpemupolo, a.k.a Tompolo, has asked a Federal High Court sitting in Lagos for an interpretation and nullification of certain sections of the Administration of Criminal Justice Act, 2015, which he claimed affected his constitutional rights.

Respondents in the suit are Federal Government of Nigeria, Attorney-General of the Federation, AGF, Economic and Financial Crimes Commission, EFCC, Inspector-General of Police, IGP, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff.

It will be recalled that on January 14, 2016, Justice Ibrahim Buba of the Federal High Court issued a warrant for the arrest of Tompolo over his alleged refusal to appear in court to answer to the fraud charges preferred against him and others by the EFCC.

But on January 27, 2016, Tompolo filed an application before the court to set aside the said warrant of arrest and on February 8, 2016, the said application was argued and dismissed by the court, which also renewed the order.

Tompolo thereafter, lodged an appeal against the ruling of the court, on February 18, 2016 and the appeal was entered at the Court of Appeal on March 3, 2016.

Tompolo in the new suit is arguing that Sections 221 and 306 of the Administration of Criminal Justice Act are invalid and unconstitutional.

He is contending in the suit that some sections, seeks to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and an application for a stay of proceedings pending appeal.

He is further asking the court through his counsel, Mr Ebun-Olu Adegboruwa to stop his further trial until the determination of these issues.

He is also praying the court to declare that Section 221 of the Administration of Criminal Justice Act, 2015, is to the extent that it seeks to be an absolute bar to any objection to a criminal charge or information, already filed, especially Charge No.FHC/L/553C/2015 – Federal Republic of Nigeria v Government Ekpemupolo (Alias Tompolo) & 9 Ors., and Charge No. FHC/L/31C/2016 – Federal Republic of Nigeria v Ekpemupolo Chief Government Oweize& 12 Ors., or to be filed against the applicant, constitutes a flagrant violation of the applicant’s fundamental right to fair hearing.