The Federal Capital Territory (FCT) High Court 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.
Ruling on Absence
Justice Jude Onwuegbuzie ruled that Ms Umar-Farouq failed to appear before the court without a valid reason. He held that the law empowers the court to issue a bench warrant when a defendant deliberately absents herself from criminal proceedings.
“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 declared.
He rejected the reasons advanced for her absence, describing them as insufficient. “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,” the judge added.
EFCC Reacts
Reacting to the ruling, lawyer to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs, a Senior Advocate of Nigeria (SAN), commended the court and urged it to enforce an earlier undertaking allegedly made by the former minister’s lead lawyer, A.A. Ibrahim, also SAN, to produce his client.
Mr Jacobs argued that the medical report submitted by the defence only requested six to eight weeks for Ms Umar-Farouq’s treatment and that the eight-week period expired on 9 June. “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,” he said.
Defence Response
Responding, A.M. Lawal, who appeared for A.A. Ibrahim (SAN), urged the court to allow the lead counsel to personally address the issue of the alleged undertaking. Justice Onwuegbuzie granted the request, stating that Mr Ibrahim should be given the opportunity to appear before the court and respond to the issue.
Background of the Case
The application arose from a bench warrant issued against Ms Umar-Farouq on 16 April 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 subsequently applied to have the arrest warrant vacated, arguing that her absence was due to health challenges.
The EFCC opposed the application, contending 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 discountenance the medical reports tendered by the defence and not allow further delays in the criminal proceedings.
The judge subsequently adjourned the case until 2 July for the arraignment of the defendants.
Charges Against the Defendants
Ms Umar-Farouq, who served as the pioneer Minister of Humanitarian Affairs, Disaster Management and Social Development during former President Muhammadu Buhari’s administration, and her co-defendants face 21 charges of breach of trust, abuse of office, fraudulent award of contract and conversion of public funds involving $1.3 million and N746,574,303.
The EFCC alleged that the sum of $1.3 million was excess funds paid by the ministry under the National Social Safety Net Coordinating Office (NASSCO) for the validation of Rapid Response Register beneficiaries. The money was meant to be refunded by the contractor, Social Development by Visual ICT Limited, to the ministry. But instead of refunding it, the prosecution alleged, Ms Umar-Farouq and Mr Alkali, then-permanent secretary of the ministry, converted it to their personal benefit.
The EFCC alleged that the defendants committed the offences under section 315 of the Penal Code between 8 May 2021 and 22 September 2022, while Ms Umar-Farouq was serving as the minister overseeing the ministry.
