THE Federal Capital Territory High Court sitting in Apo, Abuja, on Monday dismissed an application filed by former Minister of Humanitarian Affairs, Sadiya Umar Farouq, seeking to set aside the bench warrant and warrant of arrest earlier issued against her.
News Point Nigeria reports that Justice Jude Onwuegbuzie ruled that Farouq failed to provide a convincing reason for her absence from court and held that the law empowers the court to issue a bench warrant whenever a defendant deliberately fails to appear in a criminal proceeding without valid justification.
Farouq is currently being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside Bashir Nura Alkali and Sani Nafiu Mohammed over allegations bordering on criminal conspiracy, abuse of office, and the diversion of public funds amounting to $1.3 million and N746.7 million.
According to a statement issued by the EFCC’s Head of Media and Publicity, Dele Oyewale, the trial judge faulted the former minister’s explanation for her absence and described the reasons advanced by her legal team as unconvincing.
“The defendant who is fully aware that this is a criminal proceeding has willfully failed to appear in court without a valid reason and the law empowers the court when it has been ascertained that the defendant is absent from court without a valid reason to issue a bench warrant of arrest,” Justice Onwuegbuzie said.
The judge further questioned the medical grounds cited by the former minister, insisting that the evidence before the court did not justify her inability to attend proceedings.
“There is nothing in the exhibit explaining why the defendant who has mere arthritis and heart disease cannot appear before the court. Is it that there are no medical facilities in Nigeria? I am convinced that the 1st defendant is trying to hide behind her fingers, by raising bogus excuses,” he stated.
Justice Onwuegbuzie also emphasised the distinction between criminal and civil proceedings, stressing that criminal cases must strictly adhere to established legal procedures.
“It is important that the applicant be reminded that this is a criminal matter and not a civil one and there is an approach to its proceedings. By all legal considerations, I am of the opinion that there is no merit in this application, I so hold,” the judge added.
Following the ruling, prosecution counsel, Rotimi Jacobs (SAN), commended the court and urged it to enforce an undertaking allegedly made by Farouq’s lead counsel, A.A. Ibrahim (SAN), to produce the former minister before the court.
“My lordship, for a senior counsel to make an undertaking which is reflected in your lordship’s ruling, we crave your lordship to give effect to that undertaking by A.A Ibrahim SAN to produce the defendant,” Jacobs said.
The senior advocate further argued that the medical report submitted by the defence did not justify the continued absence of the former minister, noting that the period referenced in the report had already elapsed.
“If you look at the so-called medical report attached, it is only asking for the period of six and eight weeks within which the defendant will be arrested and that the eight weeks had expired on June 9, 2026.
“I plead with your lordship that the court should not take the undertaking for granted. On our part, we have decided to give effect to the arrest of the first defendant. We also ask the counsel to the first defendant to cooperate and produce his client on the next adjournment to avoid a coercive power,” Jacobs added.
Responding on behalf of A.A. Ibrahim (SAN), defence counsel A.M. Lawal urged the court to allow the senior advocate personally address the issue surrounding the alleged undertaking when next the matter comes up.
Justice Onwuegbuzie granted the request, holding that Ibrahim should be given the opportunity to explain and defend himself regarding the undertaking attributed to him.
The matter was subsequently adjourned until July 2, 2026, for the arraignment of the defendants.