Lawyers representing a former Niger Delta militant leader, Government Ekpemupolo (aka) Tompolo, on Wednesday said they are not required to produce their client in court.

Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa said it is not a defence counsel’s duty to produce an accused in court for arraignment, but the prosecution’s obligation.

They referred to Paragraph 3 (b) of the Federal High Court Practice Direction 2013 which provides: “On the date of first arraignment, the prosecutor must produce the accused person in court.”

Oyetibo and Adegboruwa, who filed an appeal on Tompolo’s behalf, were reacting to calls that they should produce their client in court or be disciplined by the Bar.

It was suggested that since the lawyers are apparently in touch with Tompolo, who was declared wanted, they owe Nigeria a duty to produce him.

But, the lawyers said Tompolo is entitled to appeal any order made against him, adding that in several instances, courts have quashed charges without an accused being present.

According to them, in the case of Fawehinmi vs Attorney-General of Lagos State (1989), the Court of Appeal held that accused persons were entitled in law to take their objection to the charge irrespective of the fact that they were not physically present in court.

“Thus, judges look at the facts of a case and the applicable law, but not sentiments, in deciding cases that come before them.

“In Ezeugo vs Ohanvere (1978) 6-7 Sc 171, Justice Obaseki of the Supreme Court said: “sentiments command no place in judicial deliberations, for if it did, our task would be infinitely more difficult and less beneficial to the society.’

The lawyers said the notion that their colleagues who defend persons accused of corruption are aiding graft is misconceived.

“May the day never come in Nigeria when lawyers would be afraid to take up the defence of persons accused of crime simply because of media backlash or editorial opinions,” they stated.

http://thenationonlineng.net/why-we-cant-produce-tompolo-lawyers/

I just hope Tompo knows what he's doing.

Justice delayed is never denied

No one fair will refuse one accused a defence counsel! The point however is that the defence must be decent. It is the law that counsel owe, first, a duty to the court to conduct the defence with candour as Judges are still water - a true minister in the temple of justice must bear that in mind constantly.

No sentiments? Fine! In the same manner, but for the intervention of God, sentiments will have no place when the axe of God's judgment is brought down on you and generations unborn in your loins for it is written "Though hand join in hand, the wicked shall not be unpunished: but the seed of the righteous shall be delivered."
Prov 11:21

We Should Learn To Do Things Right In This Country...........(((SOLAMS)))

Tompolo the strong man, Bubu's nightmare.

Tompolo dey deceive himself,one day monkey will go to the market and will not return

Na Buhari go tire for Tompolo matter

You want him to appear before court so that DSS and EFCC will use the opportunity to grab him and detain him just as they did to Nnamdi Kanu.

This tompolo guy is just playing with fire



Sai baba

Produce Shekau if you want Tompolo.

Justice for one is justice for all.

According to them, in the case of Fawehinmi vs
Attorney-General of Lagos State (1989), the Court of
Appeal held that[size=20pt] accused persons were entitled in
law to take their objection to the charge irrespective
of the fact that they were not physically present in
court.[/size]

“Thus, judges look at the facts of a case and the
applicable law, but not sentiments, in deciding cases
that come before them.

The country where
The common man can b jailed without order
The Rich can choose to honour court order of not
The affluent can debuff justice
The politician can write his own law for the judge.

Nigeria is just a comedy theatre

The fear of Buhari the beginning of wisdom

This Tomtom guy is irritating me already?? What a coward.

I remember how powerful and untouchable he was in the last admin, threatening to kill Keyamo, a complaint Keyamo lodged before the president, yet nothing was done about it.

He ordered the president not to commission an EPZ in the ND for his selfish interest and the project was put on hold. Dude was a complete bully.

Today, he's hiding like a useless sissy, afraid to show his face in court.

What a shame.

So tompolo can dissapear into thin air now.especially with all the threats he made.so he sabi hire lawyers,thought he was going to war.rubbish!!!

This guy Tompolo makes me laugh. You can't fight the state. It is not about Buhari nor GEJ but the state. He'll soon be smoked out or remain a fugitive forever.

OK oooo

hakeem4:
This tompolo guy is just playing with fire



Sai baba

Your Buhari don catch shecow?

Its not the Lawyers duty to produce him naa. Whats the role of our Armed Forces when they can't bring out a citizen in hiding in this Nation? Na to they beat civilians their power they??

Chai, is as if am watching SUITS or HOW TO GET AWAY WITH MURDER!

End time tompolo

Let the will of God be done

hakeem4:
This tompolo guy is just playing with fire



Sai baba

Which fire? When your Sai Baba is ruling Nigeria from space!! And only comes in to visit us!

Sunnycliff:
Its not the Lawyers duty to produce him naa. Whats the role of our Armed Forces when they can't bring out a citizen in hiding in this Nation? Na to they beat civilians their power they??

They are only avoiding civilian casualties..cos if they begin the search,you know how the mind of a militant works,na toh open fire for public place

chukwudi44:


Your Buhari don catch shecow?

I think say your Jonathan don kill am. Abi naa ghost u want am to catch

dukie25:
Produce Shekau if you want Tompolo.

lol ... i go dn get gra kids .. dem no go see dem both

U can't get this guy... Obasanjo tried it and failed... This guy na agbero wey get money thru amnesty... Burahi should forget it, we don't hv social security numbers or modern technology to get him

dukie25:
Produce Shekau if you want Tompolo.

Dont u know that shekau is dead and gone.

yjgm:
This guy Tompolo makes me laugh. You can't fight the state. It is not about Buhari nor GEJ but the state. He'll soon be smoked out or remain a fugitive forever.

Go and smoke him out na!! Na by talking