Appeal Court reaffirms order backing EFCC to seize Tompolo’s properties

The Court of Appeal sitting in Lagos Friday dismissed an appeal filed by Government Ekpemupolo, alias Tompolo, seeking to set aside the decision of the Federal High Court, Lagos which granted allowance to the Economic and Financial Crimes Commission (EFCC) to seize properties belonging to the ex-militant in order compel his appearance to answer the charges against him.

Justice I. N. Buba of the Federal High Court, Lagos, had on February 19, 2016 made an order attaching Tompolo’s properties for failure to appear to answer the charges against him.

The EFCC had on December 15, 2015 instituted a Criminal charge against Tompolo and nine others over allegations of fraud at Nigerian Maritime Administration and Safety Agency (NIMASA).

Despite substituted service of the court summons effected on him however, Tompolo refused to appear in court.

As a result, Justice Buba issued a warrant of arrest against him. Following this, the commission then launched a manhunt for him but still could not execute his arrest.

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On February 19, 2016, the Commission, through its counsel, Festus Keyamo, SAN, asked the court for an order attaching the properties of Tompolo by seizure, pending his arrest and/or appearance before the court. The order was granted. This led to an appeal by Tompolo.

In a unanimous judgment Friday, the Court of Appeal held that Tompolo could not be heard complaining that his properties were attached by the court when he had not appeared to answer to the summons against him.

The court therefore held that the option available to Tompolo was to appear before the Federal High Court to apply for the order to be discharged, instead of filing the Appeal.

The Court of Appeal was of the view that his private right of property had not been breached by the said order.

 

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