A Federal Capital Territory (FCT) High Court in Apo, Abuja, has dismissed an application filed by former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar-Farouq, seeking to set aside a bench warrant issued for her arrest.
Justice Jude Onwuegbuzie, in a ruling delivered on Monday, held that the former minister failed to appear before the court without a valid reason and that the court was empowered by law to issue a warrant when a defendant deliberately absents herself from criminal proceedings.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Umar-Farouq alongside Bashir Alkali and Sani Mohammed over allegations of criminal conspiracy, abuse of office, breach of trust, and diversion of public funds amounting to $1.3 million and N746.7 million.
Rejecting the application, Justice Onwuegbuzie described the reasons advanced for the former minister’s absence as insufficient, stating that the medical reports presented before the court did not adequately explain why she could not attend proceedings in Nigeria.
The judge maintained that criminal proceedings require the presence of defendants and ruled that the application lacked merit.
Following the ruling, EFCC counsel, Rotimi Jacobs (SAN), urged the court to enforce what he described as an earlier undertaking by Umar-Farouq’s lead counsel, A.A. Ibrahim (SAN), to produce his client before the court.
Jacobs argued that the medical excuse previously advanced by the defence had elapsed and appealed to the court to ensure compliance with the undertaking to avoid the use of coercive measures.
In response, A.M. Lawal, who represented Ibrahim in court, requested that the senior advocate be allowed to personally address the issue of the alleged undertaking at the next hearing.
Justice Onwuegbuzie granted the request, saying Ibrahim should be given an opportunity to appear before the court and respond.
The bench warrant against Umar-Farouq was issued on April 16 after she failed to appear for her scheduled arraignment. The EFCC subsequently declared her wanted in connection with the allegations.
At previous proceedings, the former minister’s lawyers informed the court that she was undergoing medical treatment in Egypt and was medically unfit to attend trial. They subsequently sought to have the arrest warrant vacated on health grounds.
The EFCC opposed the application, insisting that Umar-Farouq must first submit herself to the jurisdiction of the court before seeking any relief. The commission also urged the court to reject the medical reports submitted by the defence and prevent further delays in the case.
According to the anti-graft agency, Umar-Farouq and her co-defendants are facing a 21-count charge bordering on breach of trust, abuse of office, fraudulent contract awards, and the alleged conversion of public funds.
The EFCC alleges that the offences were committed between May 2021 and September 2022 while Umar-Farouq served as minister under the administration of former President Muhammadu Buhari.
The case has been adjourned until July 2 for the arraignment of the defendants.