Tompolo loses bid to stop N46 billion fraud trial

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)

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)