A 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.
It was gathered that Justice Jude Onwuegbuzie 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 intentionally skips criminal proceedings.
Umar-Farouq is being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside Bashir Alkali and Sani Mohammed.
They are facing charges bordering on criminal conspiracy, abuse of office and alleged diversion of public funds in the tone of $1.3 million and ₦746.7 million.
EFCC spokesman, Dele Oyewale, said in a statement on Monday that the defendants are to be arraigned before the court.
In his ruling, Justice Onwuegbuzie ruled that the reasons Umar-Farouq gave for her absence were not enough.
The judge said, “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.
“There’s nothing in the exhibit that says why the defendant, who has 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 trying to hide behind her fingers by raising bogus excuses.
It is necessary to remind the applicant that this is a criminal matter and not a civil one and there is a way of going about its proceedings. In my opinion, there is no merit in this application from all legal considerations. I do hold so.
Reacting to the ruling, EFCC counsel, Rotimi Jacobs (SAN), commended the court and urged the court to order the enforcement of 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 attached so-called medical report, 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 beg your lordship that the court will not take the undertaking for granted. We have decided to give effect to the arrest of the first defendant by us. We also ask the counsel to the first defendant to co-operate and produce his client on the next adjournment so that we do not resort to coercive power.”
Lead Counsel Defence to be Heard by Court
In his reaction, Ibrahim’s counsel, A.M. Lawal, urged the court to permit the lead counsel to personally address the issue of the alleged undertaking.
Justice Onwuegbuzie granted the request stating that Ibrahim should be allowed to come before the court and answer the issue.
The application followed a bench warrant issued against Umar-Farouq on April 16 for her failure to appear for a scheduled arraignment with her co-defendants.
Following her absence, the EFCC declared the former minister wanted for the alleged offences.
Her lawyers told earlier proceedings she was in Egypt receiving medical treatment and medically unfit to attend the trial.
They later sought to have the arrest warrant dismissed, claiming health problems caused her to miss the hearing.
The EFCC opposed the application, insisting that the former minister must first submit to the court’s jurisdiction before seeking any relief.
The prosecution also asked the court to reject the medical reports submitted by the defence and to put an end to the further delay in the criminal proceedings.
The judge adjourned the case to July 2 for the defendants to be arraigned.
Umar-Farouq, who was the first Minister of Humanitarian Affairs, Disaster Management and Social Development under 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 said 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.
But it alleged that rather than refund the money, Umar-Farouq and Alkali, then the 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 a minister.
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