The Federal Capital Territory High Court in Apo, Abuja, dismissed an application 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 ruled on Monday that the former minister failed to appear in court without a valid reason, stating that the law empowers the court to issue a warrant when a defendant deliberately absents herself from criminal proceedings.
Details of the Case
The Economic and Financial Crimes Commission (EFCC) is prosecuting Umar-Farouq alongside Bashir Alkali and Sani Mohammed on charges of criminal conspiracy, abuse of office, and diversion of public funds amounting to $1.3 million and N746.7 million. The judge rejected the reasons advanced for Umar-Farouq's absence, describing them as insufficient.
In his ruling, Justice Onwuegbuzie stated: “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.”
He added: “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.”
EFCC Counsel's Submission
Following the ruling, EFCC counsel and Senior Advocate of Nigeria (SAN), Rotimi Jacobs, urged the court to enforce an earlier undertaking allegedly made by Umar-Farouq's lead counsel, A.A. Ibrahim (SAN), to produce his client before the court. Jacobs 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.”
Responding, A.M. Lawal, who appeared for Ibrahim, asked the court to allow the senior lawyer personally address the issue of the alleged undertaking. Justice Onwuegbuzie granted the request and said Ibrahim should be given the opportunity to appear before the court and respond.
Background of the Arrest Warrant
The application stemmed from a bench warrant issued against Umar-Farouq on April 16 after she failed to appear for her scheduled arraignment. Following her absence, the EFCC declared the former minister wanted over the alleged offences. At previous proceedings, her lawyers told the court she was in Egypt receiving medical treatment and was medically unfit to attend trial. They subsequently 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 must first submit herself to the jurisdiction of the court before seeking any relief. The anti-graft agency also urged the court to reject the medical reports tendered by the defence and prevent further delays in the criminal proceedings. The case was adjourned until July 2 for the arraignment of the defendants.
Charges Against Umar-Farouq
According to the EFCC, Umar-Farouq, who served under former President Muhammadu Buhari, and her co-defendants are facing 21 charges of breach of trust, abuse of office, fraudulent award of contracts, and conversion of public funds involving $1.3 million and N746,574,303. The commission alleged that the $1.3 million represented excess funds paid under the National Social Safety Net Coordinating Office (NASSCO) programme for the validation of Rapid Response Register beneficiaries. The funds were allegedly meant to be refunded by contractor Social Development by Visual ICT Limited, but prosecutors claim Umar-Farouq and Alkali, then permanent secretary of the ministry, converted the money for personal benefit. The EFCC said the alleged offences were committed between May 2021 and September 2022 while Umar-Farouq was serving as minister.
