Court Rejects Application to Vacate Arrest Warrant for Ex-Minister Umar-Farouq

The Federal Capital Territory High Court sitting in Apo, Abuja on Monday, dismissed an application filed by a former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar-Farouq seeking to set aside a warrant of arrest earlier issued against her.

Justice Jude Onwuegbuzie was said to have held that the former minister failed to appear before the court without a valid reason.

The judge said the law allows the court to issue a bench warrant if a defendant deliberately skips criminal proceedings.

Umar-Farouq is being prosecuted alongside Bashir Alkali and Sani Mohammed by the Economic and Financial Crimes Commission (EFCC).

They are facing charges bordering on criminal conspiracy, abuse of office and alleged diversion of public funds in the tune of $1.3 million and ₦746.7 million.

EFCC spokesman, Dele Oyewale, said in a statement on Monday that the defendants were to be arraigned before the court.

Justice Onwuegbuzie ruled that the reasons given by Umar-Farouq for her absence were not enough.

“The defendant is well aware that this is a criminal matter and the defendant 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,” the judge said.

“There is nothing in the exhibit that says why the defendant, with only arthritis and heart disease, cannot appear before the court. Are there no medical facilities in Nigeria? I am satisfied that the 1st defendant is attempting to hide behind her fingers by raising bogus excuses.

It is necessary that the applicant be reminded that this is a criminal and not a civil matter, and there is an approach to its proceedings. In my opinion, there is no merit in this application by all legal considerations. I do so hold.

Reacting to the ruling, EFCC counsel, Rotimi Jacobs (SAN), lauded the court and urged it to enforce an earlier undertaking allegedly given by Umar-Farouq’s lead counsel, A.A. Ibrahim (SAN), to produce his client.

Jacobs argued that the medical report submitted by the defence only asked for six to eight weeks for treatment and that the eight-week period expired on June 9.

“My lordship, for a senior counsel to give 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,” he said.

“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 been expired on June 9, 2026.

I beseech your lordship that the court won’t take the undertaking for granted. We have decided to give effect to the arrest of the first defendant on our part. “We also appeal to the counsel to the first defendant to co-operate and produce his client on the next adjournment so that we do not have to resort to coercive power.”

Court Asked to Hear Lead Counsel Defence
Counsel for Ibrahim, A.M. Lawal, in response, urged the court to allow the lead counsel to address the issue of the alleged undertaking personally.

Justice Onwuegbuzie granted the request, saying Ibrahim should be allowed to appear before the court and answer the issue.

The application came on the heels of a bench warrant issued against Umar-Farouq on April 16 for failing to appear for her scheduled arraignment with her co-defendants.

The EFCC declared the former minister wanted for the alleged offences following her absence.

Earlier proceedings heard her lawyers say she was in Egypt receiving medical treatment and medically unfit to attend the trial.

They subsequently sought to have the arrest warrant dismissed, claiming health issues caused her to miss the hearing.

The EFCC countered the application, arguing the former minister must first submit to the court’s jurisdiction before seeking any relief.

The prosecution also urged the court to dismiss the medical reports tendered by the defence and to stop further delay in the criminal proceedings.

The judge adjourned the case to July 2 for arraignment of the defendants.

Umar-Farouq, who served as the first Minister of Humanitarian Affairs, Disaster Management and Social Development in the administration of former President Muhammadu Buhari, and her co-defendants are facing trial on 21 counts bordering on alleged breach of trust, abuse of office, fraudulent award of contract and conversion of public funds valued at $1.3 million and N746,574,303.

The EFCC claimed the $1.3m was an excess fund paid by the ministry under the National Social Safety Net Coordinating Office for the validation of the Rapid Response Register beneficiaries.

The commission said the money was to be refunded by the contractor, Social Development by Visual ICT Limited, to the ministry.

It, however, alleged that instead of refunding the money, Umar-Farouq and Alkali, then Permanent Secretary of the ministry, diverted it to their “personal benefit”.

The EFCC said the offences were committed between May 8, 2021 and September 22, 2022 when Umar-Farouq was minister.