A former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Farouq, on Monday prayed an Abuja High Court to set aside a bench warrant issued against her.
The court had granted the Economic and Financial Crimes Commission (EFCC) leave to arraign Farouq on April 16, alongside a former Permanent Secretary in the ministry, Bashir Alkali and Sani Mohammed.
Again, Farouq failed to appear as ordered by the court today but both the second and third accused persons were present.
The Prosecution Counsel, Oluwaleke Atolagbe told the court that the first defendant was not in court.
Farouq’s counsel, Oladipo Opeseyi, SAN told the court that his client was not in court on grounds of medical challenges and prayed the court to hear his application.
Atolagbe however objected to the request, saying her arraignment has not been done.
“According to the records of the court, the application cannot be heard until after arraignment,” he said.
He said the first defendant’s counsel promised to produce his client.
“I object to the submission of the prosecution saying the application cannot be heard until after arraignment” said Opeseyi, adding that the application was a preliminary application in a criminal matter and was ripe for hearing according to what the law stipulated.
“If the court cannot hear it, it is tantamount to abandonment. An arraignment is the prosecution presenting the accused person to court,” he said.
At this juncture, the court asked the first defendant’s counsel when his client will be in court.
Answering, Opeseyi told the court that the 10 days of holiday in Egypt made it impossible for communication with his client.
Secondly, he said “we are not the medical doctor to give the conditions of her health,” adding that the application in question was seeking the court to set aside the warrant of arrest issued on the first defendant on April 16.
Justice Jude Onwuegbuzie said: “the court needs to know how to act.
“The court is aware that you are not the medical doctor and neither is the court and however, allowed the first defendant ‘s application to be heard.
The first defendant’s counsel, Oluseyi argued his application, urging the court to grant it and set-aside the warrant of arrest issued on his client.
Opposing the application, Atolagbe urged the court not to grant the application and urged the court to discountenance all the medical reports submitted by the first defendant, because they lack credibility.
Justice Onwuegbuzie after listening to their submissions adjourned until June 10 to rule on the application.
