FORMER Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar Farouq, has approached a Federal High Court in Abuja seeking an order setting aside the bench warrant issued for her arrest in an alleged fraud case instituted by the Economic and Financial Crimes Commission (EFCC).
News Point Nigeria reports that the application comes months after a Federal Capital Territory High Court in Apo, Abuja, issued a warrant for her arrest over her alleged involvement in the case.
On April 16, Justice Jude Onwuegbuzie granted an arrest warrant against the former minister. The court also approved the arrest of Bashir Nura Alkali, a permanent secretary in the ministry, after both defendants failed to appear for their scheduled arraignment.
The order followed an application by the EFCC, which argued that the defendants’ absence had stalled proceedings.
At the resumed hearing on Monday, Farouq was again absent from court, while Bashir Nura Alkali and Sani Mohammed, the second and third defendants in the matter, were present.
The three defendants are facing a 21-count charge bordering on the alleged misappropriation of public funds.
During the proceedings, EFCC counsel, Oluwaleke Atolagbe, informed the court that the first defendant, Farouq, was not in attendance.
Responding, Oladipo Okpeseyi, counsel to the former minister, explained that his client was absent due to health challenges and urged the court to hear an application seeking the cancellation of the arrest warrant issued against her.
However, the EFCC opposed the request. Atolagbe argued that the application could not be entertained before the defendant had been formally arraigned.
According to him, court records showed that the application was premature because the arraignment process had not yet taken place.
Okpeseyi disagreed with the prosecution’s position, insisting that the motion was a preliminary application in a criminal matter and was therefore ripe for hearing.
“I object to the submission of the prosecution, saying the application cannot be heard until after arraignment,” he told the court.
The defence lawyer further argued that refusing to entertain the application would amount to treating it as abandoned.
Justice Onwuegbuzie then asked the former minister’s counsel when his client would be available to appear before the court.
In response, Okpeseyi said communication with Farouq had been difficult because she was in Egypt during a 10-day holiday period.
He added that, “we are not the medical doctors to give the conditions of her health.”
The judge noted that it was important for the court to ascertain the status of the first defendant in order to determine the appropriate course of action and subsequently allowed arguments on the application.
Presenting his submissions, Okpeseyi urged the court to vacate the warrant of arrest issued against his client on April 16.
In opposition, Atolagbe asked the court to dismiss the application and maintain the warrant.
The EFCC lawyer also urged the court to discountenance the medical reports submitted by Farouq, arguing that the documents lacked credibility.
After listening to both parties, Justice Onwuegbuzie adjourned the matter until June 10 for a ruling on the application.
The court had earlier granted the EFCC leave to arraign Farouq alongside Alkali and Mohammed over allegations involving about $1.3 million and N746.6 million.
Following her failure to appear in court on April 16, the judge issued a bench warrant for her arrest.
At the previous sitting, her lawyer had informed the court that the former minister was undergoing medical treatment in Egypt and was medically unfit to attend proceedings.
The prosecution, however, urged the court to retain the warrant, insisting that the matter should not be subjected to further delays.