In the suit, Tompolo through his counsel, Ebunoluwa Adegboruwa is seeking to nullify Sections 221 and 306 of the Administration of Criminal Justice Act, 2015.
But the government says the suit is an abuse of court process, frivolous, time wasting, grossly misleading and erroneous in its totality.
Tompolo, had in the fundamental rights enforcement suit urged the court to nullify the sections under which he was charged before the court on the grounds that the sections are invalid and unconstitutional because they violate his constitutional rights to fair hearing.
The ex-militant also argued that the sections are unconstitutional so far as they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and application for a stay of proceedings pending appeal.
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