The Federal Capital Territory High Court in Apo, Abuja, dismissed on Monday a motion filed by Sadiya Farouq, a former minister of humanitarian affairs, to set aside the bench warrant and arrest warrant issued against her.
Justice Jude Onwuegbuzie held that Farouq failed to present a credible excuse for her absence from court and that the law allows the court to issue a bench warrant when a defendant intentionally fails to appear in a criminal process.
The Economic and Financial Crimes Commission is prosecuting Farouq, Bashir Nura Alkali, and Sani Nafiu Mohammed on charges of criminal conspiracy, abuse of office, and public fund diversion totaling $1.3 million and N746.7 million, respectively.
According to EFCC spokesman Dele Oyewale, the judge rejected the former minister’s reason for her absence and found her excuses unconvincing.
“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 said.
The judge emphasized the distinction between criminal and civil proceedings, stating that criminal cases must adhere to established legal procedures.
“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,” he added.
Following the ruling, prosecution attorney Rotimi Jacobs (SAN) praised the court and urged it to enforce a claimed assurance made by Farouq’s lead counsel, A.A. Ibrahim (SAN), to present his client in court.
“My lordship, for a senior counsel to make an undertaking that 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 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 added.
In response, Ibrahim’s lawyer, A.M. Lawal, urged the court to enable the senior advocate to address the undertaking problem directly.
Justice Onwuegbuzie granted the request, adding that Ibrahim should have the opportunity to defend himself in the matter.
The case was adjourned until July 2, 2026, for arraignment.
