Justice Jude Onwuegbuzie of the Federal Capital Territory High Court sitting in Apo, Abuja, has dismissed an application filed by former Minister of Humanitarian Affairs, Sadiya Farouq, seeking to set aside the bench warrant and warrant of arrest earlier issued against her.
Farouq is being prosecuted by the Economic and Financial Crimes Commission alongside Bashir Nura Alkali and Sani Nafiu Mohammed over allegations of criminal conspiracy, abuse of office and diversion of public funds amounting to $1.3 million and ₦746.7 million.
In a statement issued by the EFCC’s spokesperson, Dele Oyewale, the commission said the court held that the former minister failed to provide a valid reason for her absence from court.
Justice Onwuegbuzie ruled that the law empowers a court to issue a bench warrant where a defendant, who is aware of a criminal proceeding, deliberately fails to appear without a valid excuse.
The judge faulted Farouq’s explanation for her absence, describing the medical reasons presented before the court as unconvincing.
“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,” the judge held.
He further stated that the exhibits placed before the court did not satisfactorily explain why the former minister could not appear before the court.
“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,” he said.
Justice Onwuegbuzie also stressed that the matter before the court was criminal in nature and must be handled in line with criminal procedure, not as a civil proceeding.
“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,” the judge added.
Following the ruling, prosecution counsel, Rotimi Jacobs, SAN, urged the court to enforce an undertaking allegedly made by Farouq’s lead counsel, A.A. Ibrahim, SAN, to produce his client before the court.
Jacobs said the court should not take the undertaking lightly, especially as the period stated in the medical report relied upon by the defendant had already expired.
“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,” Jacobs said.
He added that the prosecution had resolved to give effect to the arrest warrant and urged the defence team to cooperate by producing Farouq on the next adjourned date to avoid further coercive steps.
Responding, A.M. Lawal, who appeared for Ibrahim, urged the court to allow the senior advocate to personally address the issue of the undertaking.
Justice Onwuegbuzie granted the request, holding that Ibrahim should be given the opportunity to defend himself on the matter.
The case was adjourned until July 2, 2026, for arraignment.
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