A Federal High Court presided over by Justice Ibrahim Buba in Lagos
has granted the Economic and Financial Crimes Commission the power to
seize some assets belonging to a former Niger Delta militant leader,
Government Ekpemupolo, alias Tompolo.
This order was given after Tompolo refused to appear before the
court. Tompolo has been served court summons which he refused to honour.
He was asked to come and answer charges of N45.9bn fraud preferred
against him and nine others by the EFCC.
The judge said if Tompolo failed to appear within three months of
the order, the Federal Government may proceed to auction the said
assets.
The assets of Tompolo which the EFCC was authorised to seize
include his house located at No. 1, Chief Agbamu Close DDPA Extension
Warri (Effurun), Delta State.
Others are a River Crew Change Boat named MUHA -15; “Tompolo Dockyard,” “Tompolo Yard,” the Diving School at Kurutie, at Escravos River; “Tompolo House” at Oporaza Town, opposite the Palace.
The judge said the EFCC may also seize any other assets it may
later discover and verify to indeed belong to the former militant
leader.
However, the judge refused to grant EFCC the power to seize four of
Tompolo's companies as he ruled that the company does not belong to one
person.
Justice Buba noted that third parties had already appeared in court to oppose the seizure of the said companies.
The said companies are Mieka Dive Ltd.; Mieka Dive Training
Institute Ltd.; Global West Vessel Specialist Ltd.; and Muhaabix Global
Services Ltd.
At the hearing on Friday, Tompolo’s lawyers, Messrs Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa, were not in court.
Keyamo, while moving the application, said it would be in the interest of justice to grant it.
He said, “What is unfolding before our very eyes is something
that has never been seen in this country for a very long time, where a
citizen disparages the order of the court, briefs lawyers to appear for
him but refuses to appear, keeps making disparaging statements against
the judiciary.”
In his ruling Justice Buba said he found the application to be meritorious.
The judge held, “Sections 80 and 81(ACJA) provide that a judge
or a magistrate can at any time, after action has been taken under
Section 41 of this Act, for an application made in that regard after
summons or warrant has been issued but disobeyed, order the attachment
of any property, movable or immovable, or both belonging to a suspect,
the subject of public summons or warrant, while Section 81 provides an
order under Section 80 of this Act to authorise a public officer to
attach any property belonging to the suspect within the area of
jurisdiction of the judge"
It would be recalled that the EFCC filed 40 counts against Tompolo
and nine others, including the immediate-past Director-General of
NIMASA, Patrick Akpobolokemi.
The other suspects in the charge are Kime Engozu, Rex Elem, Gregory Mbonu and Capt. Warredi Enisuoh.
The suspects were charged along with four companies, namely: Global
West Vessel Specialist Limited, Odimiri Electrical Limited, Boloboere
Property and Estate Limited and Destre Consult Limited.
The suspects were accused of diverting and converting to their
personal use a sum of N34bn and N11.9bn belonging to NIMASA, an offence
contrary to Section 18 (a) of the Money Laundering (Prohibition)
(Amendment) Act, 2012 and were liable to punishment under Section 15 (3)
of the same Act.
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