Tompolo loses bid to stop N46 billion fraud trial

Tompolo
Tompolo

A Federal High Court in Lagos on Wednesday dismissed the suit filed Government Ekpemupolo, alias Tomopolo, challenging a criminal charge preferred against him by the Federal Government.

Tompolo, through his lawyer, Ebun Olu-Adegboruwa, had approached the court seeking nullification of Section 221 and 306 of Administration of Criminal Justice Act (ACJA) 2015, under which he was charged.

He argued that the two sections violate his constitutional right to fair hearing.

Joined as defendants in the suit are 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.

In the application, Tompolo also argued that both Sections 221 and 306 of the ACJA are unconstitutional since they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge.

The News Agency of Nigeria reports that Section 221 of the Administration of Criminal Justice Act, provides:
“objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.”

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, Idris Mohammed, urged the court to dismiss the suit with a substantive cost, saying it is an abuse of court process.

Dismissing the suit, Justice Mojisola Olatoregun held that the Supreme Court had affirmed that whether a charge is defective or not, an accused is bound to first take his plea.

He added that an interlocutory application could stop a criminal trial.

The judge, however, did not award any cost against the plaintiff.

NAN recalled that Justice Ibrahim Buba of the same court had on January14, 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.

(NAN)

Advertisement

PT Mag Campaign AD

Support PREMIUM TIMES' journalism of integrity and credibility

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best investigative journalism in the country we ask you to consider making a modest support to this noble endeavour.

By contributing to PREMIUM TIMES, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.

Donate


TEXT AD: To advertise here . Call Willie +2347088095401...



NEVER MISS A THING AGAIN! Subscribe to our newsletter

* indicates required

DOWNLOAD THE PREMIUM TIMES MOBILE APP

Now available on

  Premium Times Android mobile applicationPremium Times iOS mobile applicationPremium Times blackberry mobile applicationPremium Times windows mobile application

All rights reserved. This material and any other material on this platform may not be reproduced, published, broadcast, written or distributed in full or in part, without written permission from PREMIUM TIMES.