Tompolo is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.” Through his lawyer Ebun-Olu Adegboruwa, he said the sections were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal. Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.” Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.” But, Attorney-General of the Federation (AGF) Abubakar Malami (SAN) said the suit is an abuse of court process and should be dismissed. He said a warrant of arrest was issued for Tompolo’s arrest only when he failed to appear in court to answer to criminal charges against him. “He failed and bluntly refused to present himself in court, thus leaving the court with no other option but to take measures at compelling him to appear,” AGF said. Malami said sections 221 and 306 of the ACJA do not infringe on Tompolo’s rights to fair hearing. The sections, he said, were made to ensure speedy and efficient justice delivery and prevent “malicious delays and stalling of criminal cases by parties employing frivolous and time wasting tactics to impede the course of justice.” The AGF said the sections do not stop Tompolo from appealing against any ruling is he dissatisfied with. He said contrary to the applicant’s claim, sections 221 and 206 do not also prevent Tompolo from challenging an erroneous or defective charge, only that such objections can only be raised after trial in a final address. “This action and reliefs sought by the applicant do not fall under the ambit of the enforcement of fundamental rights. This suit is cleverly orchestrated by the applicant to impede the proper dispensation of justice, thus surreptitiously avoiding to stand trial. “This suit is an abuse of court process, frivolous and time wasting and should dismissed with cost,” the AGF said. The Federal Government, AGF, the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff are the respondents. Justice Olatoregun-Ishola adjourned till May 19 for hearing.]]>