One of the suspects in the on-going trial of allegation of diversion of money belonging to the Nigerian Maritime and Safety Agency (NIMASA) and money laundering, Chief Government Ekpemupolo, alias Tompolo, has filed an application at the Federal High Court, Lagos, before the Honourable Justice Buba, challenging the warrant of arrest that was issued to compel his appearance in court.
In the application filed by his lawyers, Mr. Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa, Tompolo is seeking among others, an order setting aside the order made by the court on 12th January, 2016 for the issuance of summons to compel his appearance and for substituted service of the processes in this proceeding on him.
Tompolo claimed that the Economic and Financial Crime Commission (EFCC) did not follow due process of law in applying for an order of substituted service of the criminal charge against him and that no service of the charge was effected as directed by the court before the EFCC applied for a warrant of arrest against him.
He claims further that up till now, he has not been served with the criminal charge or any warrant of arrest.
In the application, Tompolo described as fictitious the address known as No.1, Chief Agbanu DDPA Extension, Warri, Delta State, where the EFCC said it pasted the summons and the charge sheet.
“In the history or geography of Warri or its environs no such street name is known,” Tompolo claimed.
His lawyers also argued that the application filed by the EFCC to obtain the order for substituted service was incompetent because it did not bear the seal of the legal practitioner who signed it.
In an affidavit filed in support of the application, one, Nsikan Udo, who was the deponent, claimed that Tompolo’s resided at No. 13 Chief Agbamu Close, DDPA Extension, Warri (Effurun), Delta State and not No. 1, Chief Agbamu DDPA Extension, Warri, Delta State where the summons and the charge sheet were pasted by the EFCC.
The deponent claimed that as of January 11 when the EFCC went to paste the court papers, Tompolo was at “a premises known as No. 1 Chief Agbamu Lane DDPA Extension, Warri (Effurun), Delta State throughout the week beginning from 11th January 2016.”
“The gate of the premises known as No. 1 Chief Agbamu Close, DDPA Extension, Warri (Effurun), Delta is black in colour and is not perforated nor does it have a see-through, reddish/brown gate with iron bars shown in Exhibit GE4,” Udo claimed.
Tompolo is therefore seeking, among others, “an order setting aside the warrant for the arrest of the 1st accused person/applicant (Government Ekpemupolo, alias Tompolo) issued by this court on 14th January 2016 pursuant to the purported service of the summons and the criminal charge instituted in this case on the applicant.”
Adegboruwa, in a statement, however, said his client was prepared to willingly come to court to answer any charges preferred against him, but he also maintained that due process of law must be followed and his rights under the law be guaranteed, especially the right to be notified and served with the charges against him.
The bench warrant issued against him was followed by a motion of the Economic and Financial Crimes Commission (EFCC), which had filed different charges against Tompolo, over allegation of diverting N34 billion belonging to the Nigerian Maritime and Safety Agency, NIMASA, to personal use and laundering of N22.6 billion.
In the charge against Tompolo and others, the EFCC accused them of conspiring to divert various sums running into over N34bn, stolen from the Nigerian Maritime Administration and Safety Agency to their personal use.
Charged alongside Tompolo are: the immediate past Director General of NIMASA, Patrick Akpobolokemi; one Kime Engozu, Rex Elem, Gregory Mbonu and Capt. Warredi Enisuoh.
They were charged along with four companies – Global West Vessel Specialist Limited, Odimiri Electrical Limited, Boloboere Property and Estate Limited and Destre Consult Limited.
The EFCC said they acted contrary to Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and were liable to punishment under Section 15 (3) of the same Act.
The application is on notice to the Inspector-General of Police, to the Chief of Army Staff and indeed the Navy, so that overzealous persons do not take advantage of the court process to attempt to trample on his legal rights.
Shipping Position Daily recalls that, on January 14, while all his co-accused persons were in court with their lawyers, Tompolo was absent and was not represented by any lawyer.
The EFCC prosecutor, Festus Keyamo, had then applied under Section 131 of the Administration of Criminal Justice Act 2015 for an order to arrest Tompolo and bring him to court to answer the charges against him.
While granting the order, Justice Buba had said there was a proof that the EFCC had served the summons and the charge sheet on Tompolo by pasting them on the wall of his residence at No. 1, Chief Agbanu DDPA Extension, Warri, Delta State.
The judge ordered that Tompolo should be arrested and produced in court on February 8 to answer the charges.
He also said the Inspector General of Police, the Chief of Army Staff and the Navy had been notified of Tompolo’s application, “so that overzealous persons do not take advantage of the court process to attempt to trample on his legal rights.”
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