N12b fraud: Tompolo files fresh application to stop his trial


 The embattled former Niger Delta militant Leader, Government Ekpemupolo (aka) Tompolo has filed a suit against the Federal Government at the Federal High Court, Lagos.

He is praying that the court interpret and nullify certain sections of the Administration of Criminal Justice Act, 2015, which he claimed affected his constitutional rights.
Joined in the suit with the Federal Government are, the Attorney-General of the Federation(AGF), the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP), the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.

It will be recalled that on January 14, 2016, Justice Ibrahim Buba of the Federal High Court had issued a warrant for the arrest of Tompolo over his refusal to appear in court to answer to the fraud charges preferred against him and others by the anti-graft agency.

On January 27, 2016, Tompolo filed an application before the court to set aside the said warrant of arrest and on February 8, 2016, the said application was argued and dismissed by the Court.

Tompolo, thereafter, filed an appeal against the ruling of the Court on February 18, 2016. Tompolo's appeal was entered at the Court of Appeal on March 3, 2016.
Tompolo in the new suit is contending that Sections 221 and 306 of the Administration of Criminal Justice Act are invalid and unconstitutional.

According to him, he claimed that the sections seeks 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.

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 jurisdiction to hear objections to a criminal charge.

In the new suit with No. FHC/L/CS/499/2016, Tompolo is seeking the following reliefs, from the Court:

"A declaration that Section 221 of the Administration of Criminal Justice Act, 2015, is void to the extent that it seeks to be an absolute bar to any objection to a criminal charge or information, already filed, especially Charge No. FHC/L/553C/2015.

"A declaration that Section 306 of the Administration of Criminal Justice Act, 2015 is void to the extent that it seeks to be an absolute bar to an application for a stay of proceedings pending appeal to a higher court, in relation to a criminal charge.

"A declaration that the respondents are not entitled to rely upon Sections 221 and 306 of the Administration of Criminal Justice Act, 2015 in the prosecution of any criminal charge or information, already filed, especially Charge No. FHC/L/553C/2015.

"A declaration that the respondents are not entitled to file, initiate, prosecute or in any other manner pursue any criminal charge or information, against the applicant, in any manner that will constitute a flagrant violation of his right to fair hearing.

"An injunction restraining the respondents whether by themselves or by their servants, agents or privies, from filing or further filing, prosecuting or further prosecuting, any criminal charge or information against the applicant."

Tompolo also seeks an order nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act, 2015 to the extent of their inconsistency with the Constitution of the Federal Republic of Nigeria, 1999.
No date has been fixed for the new case.

He is thus asking the court to stop his further trial until the determination of these issues. NAN.

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