Justice Ibrahim Buba of the Federal High Court in Lagos on Monday again ordered security agencies in Nigeria to ensure that the former Niger Delta militant leader Government Ekpemupolo alias Tompolo appear before him to answer charges of corruption preferred against him by the Economic and Financial Crimes Commission (EFCC).
The EFCC had filed a 40-count charge against Tompolo and nine others including the former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.
Justice Buba reiterated the order while ruling on an application challenging substituted service of the criminal charge on Tompolo.
When the case came up on Monday, Tompolo’s lawyer, Mr. Tayo Oyetibo (SAN) informed the court of an application filed on January 27 on behalf of the accused, challenging service of the charge based on a defect in the address of service.
But the EFCC prosecutor, Festus Keyamo, opposed the application, saying that by the provisions of the Section 96(2) of the Administration of Criminal Justice Act, such application could not be adjourned for hearing.
Justice Buba urged the counsels not to waste the time of the court on mere technicalities, adding that the whole essence of substituted service was to bring to the attention of the accused that a charge had been preferred against him.
He added that regardless of how the service is affected, if the accused becomes aware of it, then the purpose of service has been fulfilled.
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