Tompolo, who approached the Federal High Court in Lagos through his lawyer, Mr. Ebun-Olu Adegboruwa, is seeking an order, restraining the Federal Government and its agencies from proceeding with the N45.9bn fraud charges filed against him.
The defendants in the suit are Federal Government of Nigeria, the EFCC, the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.
Tompolo, through Adegboruwa, is contending that
sections 221 and 306 of the Administration of Criminal Justice Act,
2015, which prohibit him from seeking stay of proceedings in his trial,
are infringing on his constitutional rights to fair hearing.
He is urging the court to not only nullify sections 221 and 306 of the ACJA but to also restrain the Federal Government, the EFCC and the IGP from deploying those sections of the law against him.
Adegboruwa argued that sections 221 and 306 were in conflict with Section 36 of the Constitution, which guarantees his client’s right to fair hearing.
The suit followed an appeal filed by Tompolo against the dismissal of his application seeking to set aside the arrest warrant issued against him by Justice Ibrahim Buba on February 8, 2016.
Tompolo is urging the Court of Appeal not only to vacate the arrest warrant issued against him but to also disqualify Justice Buba from presiding over his case.
Adegboruwa said Justice Buba must suspend all actions on the charges against his client pending the decision of the Court of Appeal.
The EFCC had since January this year charged Tompolo alongside nine others before Justice Buba for an alleged N45.9bn fraud. But Tompolo went under, employing lawyers to go to court on his behalf.
He is urging the court to not only nullify sections 221 and 306 of the ACJA but to also restrain the Federal Government, the EFCC and the IGP from deploying those sections of the law against him.
Adegboruwa argued that sections 221 and 306 were in conflict with Section 36 of the Constitution, which guarantees his client’s right to fair hearing.
The suit followed an appeal filed by Tompolo against the dismissal of his application seeking to set aside the arrest warrant issued against him by Justice Ibrahim Buba on February 8, 2016.
Tompolo is urging the Court of Appeal not only to vacate the arrest warrant issued against him but to also disqualify Justice Buba from presiding over his case.
Adegboruwa said Justice Buba must suspend all actions on the charges against his client pending the decision of the Court of Appeal.
The EFCC had since January this year charged Tompolo alongside nine others before Justice Buba for an alleged N45.9bn fraud. But Tompolo went under, employing lawyers to go to court on his behalf.
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