Government Ekpemupolo (aka Tompolo), a former Niger Delta militant leader has asked the Federal High Court in Lagos to rule against the warrant of arrest issued to compel his appearance in court, The Nation reports.
According to Tompolo, the Economic and Financial Crimes Commission (EFCC) failed to follow due process in applying for an order of substituted service of the criminal charge against him.
He claimed the documents were sent to a wrong address, adding that no service of charge was effected as directed by the court before the EFCC applied for a warrant of arrest against him.
The former militant, through his lawyers, Tayo Oyetibo (SAN), Ebun-Olu Adegboruwa and others, said he was yet to be served with the criminal charge or any warrant of arrest.
In a motion on notice brought pursuant to Section 36 (1) of the 1999 Constitution and Section 130 of the Administration of Criminal Justice Act, 2015, Tompolo is praying for an order setting aside the January 12 order for the issuance of summons to compel his appearance, and for substituted service of the processes in the proceedings.
He also sought an order setting aside the “purported” service of the summons to compel his appearance and the charge.