An FCT High Court sitting in Apo, Abuja, has thrown out an application by former Minister of Humanitarian Affairs, Sadiya Umar-Farouq, seeking to vacate a previously issued arrest warrant against her.
Delivering judgment on Monday, Justice Jude Onwuegbuzie ruled that the former minister failed to honour court proceedings without providing a satisfactory legal excuse.
Umar-Farouq is being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside Bashir Alkali and Sani Mohammed over allegations bordering on criminal conspiracy, abuse of office, and the alleged diversion of $1.3 million and N746.7 million in public funds.
According to the EFCC spokesperson, Dele Oyewale, the defendants were expected to appear before the court for arraignment on the charges filed against them.
In his ruling, the judge held that the law permits the issuance of a bench warrant where a defendant deliberately refuses to appear in court without justification.
“The defendant, who is fully aware that this is a criminal proceeding, has willfully failed to appear in court without a valid reason, and the law empowers the court, when it has been ascertained that the defendant is absent from court without a valid reason, to issue a bench warrant of arrest,” he said.
Justice Onwuegbuzie also faulted the medical report presented by the defence, saying it did not clearly explain why the former minister’s alleged health challenges prevented her from attending court.
“There is nothing in the exhibit explaining why the defendant, who has arthritis and heart disease, cannot appear before the court. It is important that the applicant be reminded that this is a criminal matter and not a civil one. By all legal considerations, I am of the opinion that there is no merit in this application,” he added.
Following the ruling, EFCC counsel Rotimi Jacobs, SAN, urged the court to enforce an earlier undertaking allegedly made by the defendant’s lawyer, A.A. Ibrahim, SAN, to produce her in court.
Jacobs argued that the medical report submitted by the defence, which suggested a six to eight-week treatment period, had already expired.
“My lordship, we ask the court to give effect to that undertaking by A.A. Ibrahim, SAN, to produce the defendant. On our part, we have decided to give effect to the arrest of the first defendant,” he said.
However, defence counsel A.M. Lawal requested that the senior lawyer be allowed to personally address the issue.
The judge granted the request and adjourned the case until July 2 for arraignment.
The arrest warrant against Umar-Farouq was first issued on April 16 after she failed to appear in court on the scheduled date of her arraignment.
