A Federal Capital Territory High Court sitting in Apo, Abuja, has dismissed an application filed by former Minister of Humanitarian Affairs, Sadiya Umar-Farouq, seeking to set aside an earlier warrant issued for her arrest.
Justice Jude Onwuegbuzie delivered the ruling on Monday, holding that the former minister failed to appear before the court without a sufficient legal justification.
Umar-Farouq is being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside Bashir Alkali and Sani Mohammed over allegations of criminal conspiracy, abuse of office, and the diversion of public funds amounting to $1.3 million and N746.7 million.
According to a statement issued by EFCC spokesperson, Dele Oyewale, the defendants were expected to appear before the court for their arraignment on the charges filed against them.
In his ruling, Justice Onwuegbuzie stated that the law empowers the court to issue a bench warrant against any defendant who deliberately fails to appear in a criminal proceeding without a valid reason.
“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,” the judge said.
The judge also questioned the medical report presented by the defence, noting that it failed to explain why the former minister’s reported health conditions 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 Umar-Farouq’s lawyer, A.A. Ibrahim, SAN, to produce his client before the court.
Jacobs argued that the medical report submitted by the defence had requested six to eight weeks for treatment, a period which he noted had elapsed on June 9.
“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 stated.
However, A.M. Lawal, who represented Ibrahim in court, requested that the senior lawyer be permitted to address the matter personally.
Justice Onwuegbuzie granted the request and subsequently adjourned the case until July 2 for the arraignment of the defendants.
The arrest warrant against Umar-Farouq was initially issued on April 16 after she failed to appear in court on the scheduled date of her arraignment.
The former minister and her co-defendants are facing a 21-count charge involving allegations of breach of trust, abuse of office, contract fraud, and the alleged conversion of public funds during her tenure.
The case remains before the Federal Capital Territory High Court as the EFCC continues its prosecution of the former government official and the other defendants.
