A Federal Capital Territory High Court, sitting in Apo, Abuja on Monday, dismissed an application filed by the counsel to a former Minister of Humanitarian Affairs, Sadiya Umar Farouq seeking the setting aside of the Bench Warrant and Warrant of Arrest issued against the former minister
Farouq, alongside two others, Bashir Nura Alkali and Sani Nafiu Mohammed are to face prosecution by the Economic and Financial Crimes Commission, EFCC for an alleged case of criminal conspiracy, abuse of office and diversion of public funds to the tune of $1.3 million and N746.7 million
Delivering his ruling on Monday, Justice Jude Onwuegbuzie held that the defendant has willfully failed to appear in court without a valid reason, maintaining that the law empowers the court when it has been ascertained that the defendant is absent from court without a valid reason to issue a bench warrant of arrest.
“The defendant who is fully aware that this is a criminal proceeding has willfully failed to appear in court without a valid reason and the law empowers the court when it has been ascertained that the defendant is absent from court without a valid reason to issue a bench warrant of arrest.
“There is nothing in the exhibit explaining why the defendant who has mere arthritis and heart disease cannot appear before the court. Is it that there are no medical facilities in Nigeria? I am convinced that the 1st defendant is trying to hide behind her fingers, by raising bogus excuses. It is important that the applicant be reminded that this is a criminal matter and not a civil one and there is an approach to its proceedings.
“By all legal considerations, I am of the opinion that there is no merit in this application, I so hold” he said.
Counsel to the prosecution, Rotimi Jacobs, SAN further reminded the court of the undertaking by defence counsel A.A Ibrahim, SAN to produce the 1st defendant , urging the court that it should not be taken for granted, but be enforced.
“My lordship, for a senior counsel to make an undertaking which is reflected in your lordship`s ruling, we crave your lordship to give effect to that undertaking by A.A Ibrahim SAN to produce the defendant. If you look at the so- called medical report attached, it is only asking for the period of six and eight weeks with which the defendant will be arrested and that the eight weeks had expired on June 9, 2026. I plead with your lordship that the court should not take the undertaking for granted. On our part, we have decided to give effect to the arrest of the first defendant, we also ask the counsel to the first defendant to cooperate and produce his client on the next adjournment to avoid a coercive power” he said
A.M Lawal who stood in for A.A Ibrahim, SAN urged the judge to allow Ibrahim to be present in court to respond to the EFCC’s application on the issue of the undertaking.
