By Innocent Anaba
A Federal High Court sitting in Lagos, yesterday, adjourned till May 4, further hearing in the suit by Chief Government Ekpemupolo, alias Tompolo, challenging sections 221 and 306 of the Administration of Criminal Justice Act, to the extent of their inconsistency with the Constitution of the Federal Republic of Nigeria, 1999.
Respondents in the suit are the Federal Government of Nigeria, Attorney-General of the Federation, Economic and Financial Crimes Commission, EFCC, Inspector-General of Police, Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.
At the hearing in the matter before Justice Olatoregun, Mr Ebun-Olu Adegboruwa, counsel to Tompolo, informed the court that the 1st and 2nd respondents in the case, the Federal Republic of Nigeria and the Attorney-General of the Federation, had been served with the originating motion.
Meanwhile, there was no appearance for any of the respondents.
He further informed the court that the EFCC and the IG both declined service of the court papers on the ground that the date for hearing was too close.
He applied for a short adjournment to enable the court bailiff serve the court processes on EFCC, IG and the other respondents.
The court, consequently adjourned the case to May 4, 2016.
It will be recalled that Tompolo, in the new suit, is contending that the provisions of sections 221 and 306, of the Administration of Criminal Justice Act, in so far as they purport to oust the jurisdiction of the court from entertaining any application in respect of a criminal charge or a stay of proceedings, violate his constitutionally guaranteed right to fair hearing and should be declared null and void and expunged from the ACJA.