Justice
Mojisola Olatoregun of the Federal High Court, Lagos yesterday dismissed an
application filed by Niger Delta’s former militant leader, Chief Government
Ekpemukpolo, popularly known as Tomopolo, challenging the criminal charge filed
against him by the Federal Government.
Through his
counsel, Ebun Olu-Adegboruwa, Tompolo had approached the court seeking the
nullification of Section 221 and 306 of Administration of Criminal Justice
(ACJA) 2015, under which he was charged, arguing that the two sections violate
his constitutional right to fair hearing.
He had
joined the Economic and Financial Crimes Commission (EFCC), Inspector-General
of Police, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff as
other defendants in the suit.
In the
application, Tomopolo had also argued that both sections 221 and 306 were
unconstitutional, claiming that they seek to prevent the court from exercising its
jurisdiction to entertain any objections to a criminal charge and application
for a stay of proceedings pending appeal.
“Section 221
of the ACJA states that objections shall not be taken or entertained during
proceedings or trial on the ground of an imperfect or erroneous charge, while
Section 306 states that an application for stay of proceedings in respect of a
criminal matter before a court shall not be entertained.”
In response,
the counsel to the Federal Government, Idris Mohammed, had urged the court to
dismiss the suit with a substantive cost, saying it was an abuse of court
process.In dismissing the prayer, Justice Olatoregun stated that the Supreme
Court had affirmed that whether a charge is defective or otherwise, an accused
person is bound to first take his plea, adding that an interlocutory
application cannot stop criminal trial.
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