The Federal High Court, Lagos, presided by Justice Mojisola Olatoregun-Ishola, yesterday adjourned hearing of the suit filed by the former Niger Delta militant leader, Government Ekpemupolo, popularly known as Tompolo, to May 4, 2016.
Tompolo in the suit marked FHC/L/CS/499/2016 is challenging sections 221 and 306 of the Administration of Criminal Justice Act (ACJA), saying they are invalid and unconstitutional, as they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and an application for a stay of proceedings pending appeal.
Sections 221 and 306 of the Act state as follows: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.”
While Section 306 states: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”Counsel to the applicant, Ebun-Olu Adegboruwa, appeared with Emmanuel Jakpa and Kingsley Izimah while there was no appearance for any of the respondents.
Adegboruwa informed the court that the first and second respondents in the case, that is the Federal Republic of Nigeria and the Attorney-General of the Federation, have been served with the originating motion.
He further told the court that the EFCC and the IGP both declined service of the court papers on the ground that the date of hearing was too close.
As a result, he then applied for a short adjournment to enable the court bailiff serve the court processes on the EFCC, the IGP and the other respondents.The court then adjourned the case to May 4, 2016.