A former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Farouq, on Monday asked the Federal Capital Territory (FCT) High Court to set aside an arrest warrant issued against her.
The court had on April 16 granted the Economic and Financial Crimes Commission (EFCC) leave to arraign Farouq alongside a former Permanent Secretary in the ministry, Bashir Alkali and Sani Mohammed, for alleged fraud.
Farouq failed to appear as ordered by the court on Monday but the two other defendants were present when the case was called by the court official.
The prosecution counsel, Oluwaleke Atolagbe, told the court that the ex-minister was not in court.
Farouq’s counsel, Oladipo Opeseyi (SAN), told the court that his client was not in court because of medical challenges.
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He prayed to the court to hear his application.
Atolagbe, however, objected to the request and argued that the 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 in court.
“I object to the submission of the prosecution saying the application cannot be heard until after arraignment,” Opeseyi countered.
He said 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 stated.
At this juncture, Justice Jude Onwuegbusie asked the first defendant’s counsel when his client will be in court.
Opeseyi replied that the 10 days of holiday in Egypt made it impossible for communication with his client.
“Secondly, we are not the medical doctor to give the conditions of her health,” the defence counsel added.
He pointed out that the application in question was for the court to set aside the warrant of arrest issued against Farouq on April 16.
In his remark, Justice Onwuegbuzie said: “The court needs to know how to fact.
“The court is aware that you are not the medical doctor and neither is the court.”
The judge however, allowed the ex-minister’s application to be heard.
He later adjourned the case till June 10 for ruling on the application.
(Ripples)
