A Federal High Court in Lagos on Thursday fixed June 19 to deliver judgment in a suit filed by Chief Government Ekpemulopo, alias Tompolo, seeking the enforcement of his rights.
Tompolo, who had been declared wanted since February 12, 2016 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution over an alleged N45.9 billion fraud.
Joined as respondents in the suit are the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.
On Thursday, Justice Mojisola Olatoregun reserved judgment in the suit after hearing arguments from both counsels.
Adopting his originating processes, counsel to the first and second respondents, Mr T.A Mofolu, argued that the provisions of the Administration of Criminal Justice Act, provides for speedy criminal trials.
According to him, the law provides that an accused has a right of appeal where he is not at par with the decision of a court.
He said in this case the respondent was aware of an appeal filed by the applicant.
Mofolu, therefore, urged the court to dismiss the application for lack of merit.
But counsel to the EFCC, Mr Rotimi Oyedepo, submitted that the applicant in question was a “fugitive” in law and should not be allowed to seek redress from the court until he submitted himself for trial.
He argued that given the materials placed before the court, it was clear that the applicant was s in clear contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer charges preferred against him.
Oyedepo described the application as an abuse of court process, saying “it is trite that a party who is in contempt of court cannot seek redress” and urged the court to throw out the application for lack of merit.
“If the applicant feigns ignorance of the charge, how then was he able to brief his counsel on the charge for an appeal to be filed.
“The issue leading to the preferring of a criminal charge against the applicant borders on fraud in which billions of naira was lost by the Federal government.”
In response to the arguments of respondent’s counsels, Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, brought his application pursuant to the provisions of the African Charter of Human rights, the 1999 constitution, as well as the inherent jurisdiction of the court.
He argued that in criminal law service of a charge was personal and could not be presumed, adding that there is no evidence before the court showing that exhibit A (charge) was served on the applicant.
On the issue of contempt, Adegboruwa submitted that the applicant could not be cited for contempt, adding that since the beginning of the proceedings, the applicant cannot be said to have breached any court order.
He insisted that it was the constitutional right of the applicant to apply to court for the enforcement of his rights and urged the court to uphold it.
After listening to the submissions of counsels, Justice Olatoregun fixed June 19 for judgment.
