Counsel to a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), Ebun-Olu Adegboruwa, Tuesday said his client has served the Economic and Financial Crimes Commission (EFCC) with his record of appeal.
He said the commission’s response to the appeal is being awaited.
Tompolo filed his appellant’s brief of argument on March 11 against the order of the Federal High Court for his arrest made on January 14.
Tompolo had on January 27 filed an application to set the warrant of arrest aside, but Justice Ibrahim Buba dismissed it.
Adegboruwa, in a statement, said in demonstration of Tompolo’s desire to have the appeal heard and determined expeditiously, he compiled and forwarded the record of appeal to the Court of Appeal, Lagos Division on March 3.
“The prosecutor, that is the EFCC, has been duly served with the said record of appeal,” the lawyer said.
He added: “In further demonstration of his commitment to the rule of law and due process, Tompolo filed his Appellant’s Brief of Argument, through the law firms of Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa on March 11, 2016, thus activating the judicial process for the prompt and effective determination of the said appeal.
“The consequence of this in law is that Tompolo’s case is now before the Court of Appeal, with the concomitant effect that the trial Federal High Court will willingly cede jurisdiction over Tompolo’s case to the Court of Appeal since the appeal has now been entered, while Tompolo and his team of lawyers await the response of the EFCC to file their respondent’s brief so that the appeal can proceed to hearing timeously.”
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 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 praying that the charge against him be transferred from Justice Buba to another judge of the Federal High Court.
The case comes up before Justice Buba on March 22.
