Chief Government Ekpemupolo, popularly known as Tompolo, has challenged the Economic and Financial Crimes commission (EFCC) before a Federal High Court sitting in Lagos, based on the manner of service in a warrant of arrest that was issued to compel his appearance in court.
In the application, filed before Justice Ibrahim Buba, Tompolo is claiming that the 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 further claimed that up till now, he has not been served with the criminal charge or indeed any warrant of arrest.
Tompolo, through his counsel, Ebun Adegboruwa, added that he is prepared to appear in court and answer to any charge against him, he 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.
It would be recalled that Justice Buba had on January 14 issued a bench warrant against Tompolo and ordered his arrest for failing to honour a court summons dated January 12 in respect of a 40-count of alleged N34bn fraud levelled against him and nine others by the EFCC.
The judge had ordered that Tompolo should be arrested and produced in court on February 8 to answer the charges.
In the application, Tompolo described as fictitious the address, 1, Chief Agbanu DDPA Extention, 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 13, Chief Agbamu Close, DDPA Extension, Warri (Effurun), Delta State and not 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 premise known as 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 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 first accused person/applicant (Government Ekpemupolo, alias Tompolo) issued by this court on January 14, 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.
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.
Charged alongside Tompolo is 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.
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