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.
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