Court refuses to vacate arrest warrant against ex-minister Sadiya Farouq

A Federal Capital Territory High Court in Apo, Abuja, has dismissed a bid by former Minister of Humanitarian Affairs, Sadiya Farouq, to have her arrest warrant set aside. Justice Jude Onwuegbuzie ruled that Farouq failed to provide a valid justification for her absence from court proceedings.

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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 Economic and Financial Crimes Commission (EFCC) is prosecuting Farouq, along with Bashir Nura Alkali and Sani Nafiu Mohammed, on charges including criminal conspiracy, abuse of office, and the diversion of public funds totaling approximately $1.3 million and N746.7 million. The EFCC stated that the judge found the former minister's explanations for her absence unconvincing.

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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.

Justice Onwuegbuzie emphasized that the court is legally empowered to issue a bench warrant when a defendant deliberately fails to appear in a criminal case. He questioned the validity of her excuses, noting that arthritis and heart disease should not prevent her appearance, especially if adequate medical facilities are available in Nigeria. The judge suggested that Farouq might be using "bogus excuses" to avoid the proceedings.

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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.

Highlighting the distinction between criminal and civil matters, the judge stressed the importance of adhering to established legal procedures in criminal cases. He found no merit in Farouq's application to vacate the warrant. Following the ruling, the prosecution urged the court to enforce an undertaking allegedly made by Farouq's lead counsel to produce her in court, expressing concern that the provided medical report, which suggested an eight-week recovery period, had already expired.

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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.