Wanted ex-Niger Delta militant leader, Chief Government Ekpemupolo (alias Tompolo), on Tuesday asked Justice Mojisola Olatoregun-Ishola of the Federal High Court in Lagos to refer his case to the Court of Appeal for determination.
Tompolo is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act (ACJA) 2015 to the extent of their inconsistency with the 1999 Constitution.”
The applicant said the issues raised in his suit were novel. According to him, since there is no precedent, it would be better for the Court of Appeal to determine the case as any decision reached on the case“would affect many criminal and civil cases all over Nigeria where the ACJA is being applied.”
In a supporting affidavit deposed to by Oladapo Sofola, Tompolo said: “A decision of this court on these issues will eventually be submitted to the Court of Appeal for review. Valuable time and resources will be saved if these issues are henceforth referred by this honourable court to the Court of Appeal as requested. The interest of justice will be better served if the substantial issues of law are so referred.”
Through his lawyer Ebun-Olu Adegboruwa, Tompolo said sections 221 and 306 of the ACJA were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.
Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.” Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”
Tompolo wants the Court of Appeal to determine the following: (1) whether the ACJA sections are in consonance with sections 4 (8) 6 and 36 of the 1999 Constitution; (2) whether the sections are in consonance with Article 7 (1) (d) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 2004; and (3) whether the sections do not constitute flagrant violations of the guaranteed constitutional right of the applicant.
Opposing Tompolo’s application, Attorney-General of the Federation, represented by Tolu Mukoro, urged the court to dismiss it. He said the Section 45 of the 1999 Constitution permits the government to enact any law such as the ACJA.
He further submitted that since Tompolo has been consistently absent in the main criminal proceedings leading to the civil suit, he should not be allowed to take benefit of his wrongdoing to obtain any favour from the court.
Counsel to the Economic and Financial Crimes Commission (EFCC), Ibrahim Mohammed also urged the court to dismiss the suit.
Justice Ibrahim Buba, before whom criminal charges against Tompolo are pending, had on January 14, issued a warrant for Tompolo’s arrest. But Tompolo, on January 27, filed an application to set the warrant aside. OnFebruary 8, Justice Buba dismissed the application. Tompolo thereafter appealed the ruling on February 18.
EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large” in the charge.
He was also absent on April 18 when his co-accused, former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Dr Patrick Akpobolokemi and others, were arraigned for alleged N22.7 billion fraud. He was also said to be “at large”.
Justice Olatoregun-Ishola adjourned until December 12 for ruling on Tompolo’s application.
