Court Refuses To Set Aside Arrest Warrant Against Ex-Minister Umar-Farouq

The Federal Capital Territory High Court sitting in Apo, Abuja, on Monday dismissed an application filed by 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.

Naija News reports that Justice Jude Onwuegbuzie held that the former minister failed to appear before the court without a valid reason.

The judge ruled that the law empowers the court to issue a bench warrant where 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.

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

According to a statement issued on Monday by EFCC spokesperson, Dele Oyewale, the defendants were expected to be arraigned before the court.

Delivering his ruling, Justice Onwuegbuzie rejected the reasons given for Umar-Farouq’s absence, describing them as insufficient.

The judge said, “The defendant, who is fully aware that this is a criminal proceeding, 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.

“There is nothing in the exhibit explaining why the defendant, who has mere arthritis and heart disease, cannot appear before the court. Is it that there are no medical facilities in Nigeria? I am convinced that the 1st defendant is trying to hide behind her fingers by raising bogus excuses.

“It is important that the applicant be reminded that this is a criminal matter and not a civil one, and there is an approach to its proceedings. By all legal considerations, I am of the opinion that there is no merit in this application. I so hold.”

Reacting to the ruling, EFCC counsel, Rotimi Jacobs (SAN), commended the court and urged it to enforce an earlier undertaking allegedly made 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 requested six to eight weeks for treatment and that the eight-week period expired on June 9.

He said, “My lordship, for a senior counsel to make 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.

“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 expired on June 9, 2026.

“I plead with your lordship that the court should not take the undertaking for granted. On our part, we have decided to give effect to the arrest of the first defendant. We also ask the counsel to the first defendant to cooperate and produce his client on the next adjournment to avoid a coercive power.”

Defence Asks Court To Hear Lead Counsel

Responding, A.M. Lawal, who appeared for Ibrahim, urged the court to allow the lead counsel to personally address the issue of the alleged undertaking.

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

The application followed a bench warrant issued against Umar-Farouq on April 16 after she failed to appear for her scheduled arraignment alongside her co-defendants.

Following her absence, the EFCC declared the former minister wanted over the alleged offences.

At earlier proceedings, her lawyers told the court that she was in Egypt receiving medical treatment and was medically unfit to attend the trial.

They later applied to have the arrest warrant vacated, arguing that her absence was due to health challenges.

The EFCC opposed the application, insisting that the former minister should first submit herself to the jurisdiction of the court before seeking any relief.

The prosecution also urged the court to reject the medical reports tendered by the defence and prevent further delays in the criminal proceedings.

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

Umar-Farouq, who served as the pioneer Minister of Humanitarian Affairs, Disaster Management and Social Development during the administration of former President Muhammadu Buhari, and her co-defendants are facing 21 counts bordering on alleged breach of trust, abuse of office, fraudulent award of contract and conversion of public funds involving $1.3 million and ₦746,574,303.

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

The commission alleged that the money was meant 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, converted it to their “personal benefit”.

The EFCC said the alleged offences were committed between May 8, 2021, and September 22, 2022, while Umar-Farouq served as minister.