Warrant of arrest : Tompolo asks court to transfer case to A’Court

Former militant leader, Chief
Government Ekpemupolo, alias Tompolo, has
asked a Federal High Court sitting in Lagos, to
refer his case against the Federal Government to
the Court of Appeal, for its opinion on certain
questions of law raised in the suit.

At the resumed hearing in the matter weekend,
before Justice Olatoregun-Ishola, Tompolo,
through his counsel, Ebun-Olu Adegboruwa,
argued that since the points of law raised in the
main originating suit were very substantial, it
would be better to refer them to the Court of
Appeal for its opinion.

It will be recalled that on April 8, 2016, Tompolo
filed a fresh action before the Federal High
Court, Lagos, asking for an interpretation and
nullification of certain sections of the
Administration of Criminal Justice Act, 2015,
which he stated affected his constitutional rights.

Earlier on January 14, 2016, the Federal High
Court, through Justice Ibrahim Buba, had issued
a warrant for the arrest of Tompolo. On January
27, 2016, Tompolo filed an application before
the court, to set aside the said warrant of arrest.

On February 8, 2016, the said application was
argued and dismissed by the court. Tompolo
thereafter, appealed against the ruling of the
court, on February 18, 2016, at the Court of
Appeal.

In the fresh suit before the Federal High Court,
Lagos, defendants are the Federal Government
of Nigeria, Attorney-General of the Federation,
Economic and Financial Crimes Commission,
Inspector-General of Police, Chief of Army Staff,
Chief of Naval Staff and the Chief of Air Staff.

Tompolo is contending that sections 221 and 306
of the Administration of Criminal Justice Act are
invalid and unconstitutional, in so far as they
seek to prevent the court from exercising its
jurisdiction to entertain any objection to a
criminal charge and an application for a stay of
proceedings pending appeal.

He is thus asking the court to stop his further
trial until the determination of these issues. The
Federal Government has asked the court to
dismiss the case for being an abuse of process
and an attempt to shield Tompolo from trial.