Ex-minister Sadiya Umar Farouq seeks reversal of arrest warrant in alleged $1.3m, N746.6m fraud trial
FORMER Minister of Humanitarian Affairs, Disaster Management and Social Development, Ms Sadiya Umar Farouq, has asked a federal high court in Abuja to vacate the bench warrant issued for her arrest in an alleged fraud case instituted by the Economic and Financial Crimes Commission (EFCC).
The former minister made the request during proceedings on Monday before Justice Jude Onwuegbuzie of the federal high court in Abuja.
In April, the court issued a warrant for Farouq’s arrest after she failed to appear for arraignment in the case involving alleged misappropriation of public funds. The court also ordered the arrest of Permanent Secretary of the ministry, Mr Bashir Nura Alkali.
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The warrant followed an application by the EFCC after the defendants failed to attend the scheduled arraignment.
At Monday’s proceedings, Farouq was absent from court, while Alkali and Sani Mohammed, the second and third defendants, were present.
The defendants are facing a 21-count charge bordering on alleged diversion of public funds amounting to about $1.3 million and N746.6 million.
Counsel to the EFCC, Mr Oluwaleke Atolagbe, informed the court that the first defendant was not in attendance.
Responding, counsel to Farouq, Mr Oladipo Okpeseyi, told the court that his client could not appear because of health challenges, urging the court to hear an application seeking to set aside the arrest warrant issued against her.
However, Atolagbe opposed the application, arguing that the court should not entertain the request. The EFCC lawyer maintained that the application was premature since the arraignment process had not yet taken place.
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But Okpeseyi disagreed with the prosecution’s position, insisting that the motion was a preliminary application in a criminal matter and was competent for hearing.
He further argued that declining to hear the motion would amount to treating it as abandoned.
Justice Onwuegbuzie then asked Farouq’s lawyer when his client would be available to appear before the court.
In response, Okpeseyi said communication with the former minister had been difficult due to a 10-day holiday period in Egypt.
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He added that “we are not the medical doctors to give the conditions of her health.”
The judge said the court needed clarity on the status of the first defendant in order to determine the next line of action and subsequently allowed arguments on the application.
While adopting his submissions, Okpeseyi urged the court to set aside the arrest warrant issued against Farouq on April 16.
Atolagbe, however, asked the court to dismiss the application and also urged the court to discountenance the medical reports submitted by the former minister, arguing that the documents lacked credibility.
After listening to both parties, Justice Onwuegbuzie adjourned the matter until June 10 for ruling on the application.
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The court had earlier granted the EFCC leave on April 16 to arraign Farouq alongside Alkali and Mohammed over allegations involving about $1.3 million and N746.6 million.
A bench warrant was subsequently issued against the former minister after she failed to appear in court.
At the previous sitting, her lawyer informed the court that she was in Egypt receiving medical treatment and was medically unfit to attend proceedings.
The prosecution had asked the court to retain the arrest warrant, arguing that the matter should not suffer further delay.
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Stella Odiche
Researcher-Reporter
Lagos, Nigeria
Stella Odiche is a researcher and reporter. She lives in Lagos and reports topics such as aviation, oil and gas, banking and general business. She is award-winning journalist and wideliy travelled researcher.