Lawyers reveal why they can’t produce Tompolo in court

– The prosecutor must produce Tompolo in court, not lawyers

– Ex-militant may any order made against him

Two Lagos-based lawyers, Messrs Tayo Oyetibo and Ebun-Olu Adegboruwa, have explained why they can’t produce a former Niger Delta warlord, Government Ekpemupolo, better known as Tompolo, before the court.

Lawyers said that it’s not a defence counsel’s duty to produce an accused in court for prosecution, but the court’s responsibility.

They quoted Paragraph 3 (b) of the Federal High Court Practice Direction 2013 which says: “On the date of first arraignment, the prosecutor must produce the accused person in court.”

READ ALSO: EFCC moves against Tompolo and former NIMASA DG

Tompolo’s lawyers were answering to calls that they should produce their client in court or be disciplined by the Bar.

However, the lawyers Oyetibo and Adegboruwa said former warlord is allowed to appeal any order made against him, continuing that in several institutions, courts have suppressed charges without an accused being present.

They said: “Thus, judges look at the facts of a case and the applicable law, but not sentiments, in deciding cases that come before them.

“In Ezeugo vs Ohanvere (1978) 6-7 Sc 171, Justice Obaseki of the Supreme Court said:  “sentiments command no place in judicial deliberations, for if it did, our task would be infinitely more difficult and less beneficial to the society.”

“May the day never come in Nigeria when lawyers would be afraid to take up the defence of persons accused of crime simply because of media backlash or editorial opinions.”

READ ALSO: Bayelsa rerun: Tompolo, Asari-Dokubo under attack

The anti-graft commission had accused Tompolo and others of averting the sum of N34 billion belonging to the Nigerian Maritime and Safety Agency.

The Lagos court issued an arrest warrant for former Niger Delta militant for neglecting court summons.

Tompolo was supposed to have threatened President Muhammadu Buhari that he would blow up pipelines if the soldiers deployed to the Niger Delta looking for him were not withdrawn.

However, the ex-militant has denied the rumours.

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