A Federal Capital Territory (FCT) high court in Apo has dismissed an application by Sadiya Umar-Farouq, former minister of humanitarian affairs, seeking to set aside a bench warrant issued for her arrest.
In a ruling delivered on Monday, Jude Onwuegbuzie, the
presiding judge, held that the former minister failed to appear before the
court without a valid reason.
Umar-Farouq is facing prosecution by the Economic and
Financial Crimes Commission (EFCC) alongside Bashir Nura Alkali and Sani Nafiu
Mohammed over allegations of criminal conspiracy, abuse of office and diversion
of public funds amounting to $1.3 million and N746.7 million.
“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,”
the judge said.
“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.”
Onwuegbuzie said the application lacked merit and declined
to set aside the arrest warrant.
Following the ruling, Rotimi Jacobs, counsel to the EFCC,
asked the court to enforce an undertaking allegedly made by A.A. Ibrahim,
counsel to the former minister, to produce his client before the court.
“My lord, 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,” Jacobs said.
He added that the medical report relied upon by the defence
covered a period that had already elapsed and urged the court to compel the
defendant’s appearance at the next sitting.
A.M. Lawal, who appeared for Ibrahim, asked the court to
allow the senior advocate to personally respond to the issue of the
undertaking.
The judge granted the request and adjourned the matter until
July 2 for arraignment.
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