Transfer my case to another judge, Tompolo begs Appeal Court

Former Niger Delta militant leader, Government Ekpemupolo, alias Tompolo, has approached the Court of Appeal, Lagos, urging it to compel Justice Ibrahim Buba of the Federal High Court, Lagos to withdraw from the fraud charges filed against him by the Economic and Financial Crimes Commission, EFCC.

Tompolo was dragged before Justice Buba by the EFCC alongside nine others, alleging fraudulent conversion of N45.9bn.

Counsel to Tompolo, Mr. Ebun-Olu Adegboruwa, disclosed this in a statement on Tuesday that his client had last Friday filed his appellant’s brief of argument before the Lagos Division of the Court of Appeal.

According to Adegoruwa, withnthis development, Justice Buba is expected to cease action on Tompolo’s case in deference to the appellate court.

Tompolo continual absence from court and his refusal to honour invitations by the EFCC has stalled proceedings in the 40 counts charge brought against him. Justice was forced to issue a bench warrant for his arrest after persistent summons by the court were ignored by Tompolo.

However, Adegoruwa said Tompolo’s brief of argument was entered at the Court of Appeal last Friday and the EFCC had been served, insisting that the step was an indication that his client has respect for the rule of law and is determined to have his matter heard and determined expeditiously.

Adegboruwa further stressed that the filing of the appeal marked CA/L/240/2016 and its acceptance by the appellate court’s registrar, Nassara Williams, on March 3, 2016, meant that Justice Buba should “cede jurisdiction over Tompolo’s case to the Court of Appeal.”

He said: “In further demonstration of his commitment to the rule of law and due process, Tompolo filed his appellant’s brief of argument, through the law firms of Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, Esq., on Friday, March 11, 2016, thus activating the judicial process for the prompt and effective determination of the said appeal.

“The consequence of this in law is that Tompolo’s case is now before the Court of Appeal, with the concomitant effect that the Federal High Court will willingly cede jurisdiction over Tompolo’s case, to the Court of Appeal, since the appeal has now been entered in the Court of Appeal.”

He said he and Oyetibo were awaiting the response of the EFCC so that the appeal could be heard on time.

Among other things, Tompolo is asking the Court of Appeal, to order the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign Tompolo’s case from Justice Buba to another judge and also set aside the warrant for his arrest and vacate all subsequent proceedings emanating from the “flawed process of the criminal charge”.

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