The High Court in the Federal Capital Territory (FCT) in Apo, Abuja, on Monday turned down a request from former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar-Farouq. She wanted to cancel an arrest warrant that was issued against her earlier.
The judge, Jude Onwuegbuzie, said Ms Umar-Farouq did not show up in court without a good reason. He noted that the law allows the court to issue a warrant when a person deliberately misses criminal proceedings.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Ms Umar-Farouq along with Bashir Alkali and Sani Mohammed. They face charges of criminal conspiracy, abuse of office, and misappropriation of public funds totaling $1.3 million and N746.7 million.
According to a statement released on Monday by EFCC spokesperson Dele Oyewale, the defendants are supposed to be arraigned in court on Monday.
While giving his ruling, Mr Onwuegbuzie dismissed the reasons given for Ms Umar-Farouq’s absence, calling them insufficient.
"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.
"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 stated.
After the ruling, the EFCC lawyer, Rotimi Jacobs, who is a Senior Advocate of Nigeria (SAN), praised the court. He also urged the court to enforce a previous promise allegedly made by the former minister’s lead lawyer, A.A. Ibrahim, also a SAN, to bring his client to court.
Mr Jacobs argued that the medical report submitted by the defense only asked for six to eight weeks for Ms Umar-Farouq’s treatment, with the eight-week period ending on June 9.
"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.
"The so-called medical report attached only asks for six and eight weeks for the defendant to be treated 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. We have decided to pursue 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.
In response, A.M. Lawal, who represented A.A. Ibrahim (SAN), asked the court to allow the lead counsel to speak personally on the matter of the alleged undertaking.
Mr Onwuegbuzie agreed, saying that Mr Ibrahim should be allowed to come before the court and address the issue.
The application came after a bench warrant was issued against Ms Umar-Farouq on April 16 when she did not show up for her scheduled arraignment with her co-defendants. Following her absence, the EFCC listed the former minister as wanted for the alleged offences.
In earlier court sessions, her lawyers claimed she was in Egypt for medical treatment and could not attend the trial. They later asked to have the arrest warrant canceled, saying her absence was due to health issues.
The EFCC opposed this request, saying the former minister should first report to the court before asking for any relief.
The prosecution also asked the court not to accept the medical reports from the defense and not to allow more delays in the criminal case.
The judge then postponed the case until July 2 for the arraignment of the defendants.
Ms Umar-Farouq, who was the first Minister of Humanitarian Affairs, Disaster Management and Social Development under former President Muhammadu Buhari, and her co-defendants are facing 21 charges of breach of trust, abuse of office, fraudulent contract awards, and misappropriation of public funds involving $1.3 million and N746,574,303.
The EFCC claims that the $1.3 million was excess funds paid by the Ministry under the National Social Safety Net Coordinating Office (NASSCO) for validating beneficiaries of the Rapid Response Register.
The agency says the money should have been refunded by the contractor, Social Development by Visual ICT Limited, to the ministry. But instead of refunding, the prosecution claims, Ms Umar-Farouq and Mr Alkali, then permanent secretary of the ministry, took it for their personal use.
The EFCC, which is the prosecuting agency, says the defendants committed the offences under section 315 of the Penal Code, between May 8, 2021, and September 22, 2022, while Ms Umar-Farouq was the minister in charge of the ministry.
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