A Federal High Court in Lagos on Thursday, fixed June 17, to hear the suit filed by a former Niger Delta militant, Government Ekpemulopo, alias Tompolo, seeking to enforce his right.
Tompolo, who was declared wanted on Feb. 12 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution for an alleged N45.9 billion fraud.
Joined as respondents in the suit are the EFCC, the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.
On Thursday, Justice Mojisola Olatoregun-Ishola fixed hearing in the suit for June 17 to enable the respondents file their processes out of time.
The EFCC had filed a 40-count charge against him and nine others before Justice Ibrahim Buba of the same court.
Tompolo in his suit, filed through his lawyer, Mr Ebun-Olu Adegboruwa, is seeking an order restraining the respondents from further proceeding with the charges against him.
Tompolo contends that sections 221 and 306 of the Administration of Criminal Justice Act, 2015, which prohibits him from seeking a stay of proceedings in his trial, infringed on his constitutional rights to fair hearing.
Tompolo is urging the court to not only nullify sections 221 and 306 of the ACJA but to also restrain the respondents from deploying those sections of the law against him.
He argued that sections 221 and 306 were in conflict with Section 36 of the Constitution which guarantees his client’s right to fair hearing. (NAN)