Sadiya Farouq, a former Minister of Humanitarian Affairs, Disaster Management and Social Development, on Monday prayed an Abuja High Court to set aside a bench warrant issued against her.
The court had granted the Economic and Financial Crimes Commission (EFCC) leave to arraign Ms Farouq on April 16, alongside a former permanent secretary in the ministry, Bashir Alkali and Sani Mohammed.
Again, Ms Farouq failed to appear as ordered by the court, but both the second and third accused persons were present.
The Prosecution Counsel, Oluwaleke Atolagbe, told the court that the first defendant was absent.
Ms Farouq’s counsel, Oladipo Opeseyi, SAN, told the court that his client was not in court on medical grounds.
He prayed that the court hear his application.
Mr Atolagbe, however, objected to the request, arguing that the arraignment had not been done.
“According to the records of the court, the application cannot be heard until after arraignment,” he said.
He said that the first defendant’s counsel promised to produce his client.
“I object to the submission of the prosecution, saying the application cannot be heard until after arraignment,” Mr Opeseyi said.
He said the application was preliminary in a criminal matter and was ripe for hearing under the law.
“If the court cannot hear it, it is tantamount to abandonment. An arraignment is the prosecution presenting the accused person to the court,” he said.
At this juncture, the court asked the first defendant’s counsel when his client would be in court.
In response, Mr Opeseyi told the court that the 10-day holiday in Egypt made it impossible to communicate with his client.
Secondly, he said, “We are not the medical doctors to give the conditions of her health.”
He further stated that the application in question sought that the court set aside the warrant of arrest issued against the first defendant on April 16.
Justice Jude Onwuegbuzie said, “The court needs to know how to act.
“The court is aware that you are not the medical doctor and neither is the court”.
The judge, however, allowed the first defendant‘s application to be heard.
The first defendant’s counsel, Mr Oluseyi, argued his application, urging the court to grant it and set aside the warrant of arrest issued on his client.
Opposing the application, Mr Atolagbe urged the court not to grant the application.
In addition, he urged the court to discountenance all the medical reports submitted by the first defendant, because they lacked credibility.
Justice Onwuegbuzie, after listening to the submissions, adjourned until June 10 to rule on the application.