Former Minister of Humanitarian Affairs, Disaster Management and Social Development, Sadiya Umar Farouq, has applied to a Federal Capital Territory (FCT) High Court in Abuja to set aside the bench warrant issued for her arrest in connection with an alleged fraud case instituted by the Economic and Financial Crimes Commission (EFCC).

The arrest warrant was issued on April 16 by Justice Jude Onwuegbuzie of the FCT High Court, Apo, after Farouq and one of her co-defendants, Bashir Nura Alkali, a former permanent secretary in the ministry, failed to appear for their scheduled arraignment.

Farouq, Alkali and a third defendant, Sani Mohammed, are facing a 21-count charge bordering on the alleged misappropriation of public funds amounting to approximately $1.3 million and ₦746.6 million.

At the resumed hearing on Monday, Farouq was absent from court, while Alkali and Mohammed were present.

Counsel to the EFCC, Oluwaleke Atolagbe, informed the court of the former minister's absence. In response, Farouq's lawyer, Oladipo Okpeseyi, explained that his client was unable to attend proceedings due to health challenges and urged the court to hear an application seeking to vacate the warrant issued against her.

However, the EFCC opposed the request, arguing that the application was premature since the defendant had not yet been arraigned.

Atolagbe maintained that court records showed the matter could not be entertained before the arraignment, insisting that the proper procedure required the defendant's appearance before the court.

Okpeseyi disagreed, contending that the motion was a preliminary application in a criminal proceeding and was ripe for determination.

"I object to the submission of the prosecution that the application cannot be heard until after arraignment," he told the court, adding that declining to hear the motion would effectively amount to treating it as abandoned.

During the proceedings, Justice Onwuegbuzie sought clarification on when Farouq would be available to appear before the court. Okpeseyi responded that communication with his client had been difficult, partly due to a 10-day holiday period in Egypt, where she was reportedly receiving medical treatment.

"We are not the medical doctors to give the conditions of her health," the defence counsel said.

The judge noted that establishing the status of the first defendant was important in determining the court's next course of action and subsequently allowed arguments on the application.

While Okpeseyi urged the court to set aside the warrant issued on April 16, Atolagbe asked the court to dismiss the application. The EFCC lawyer also challenged the medical reports submitted by the defence, arguing that they lacked credibility.

After listening to submissions from both parties, Justice Onwuegbuzie adjourned the matter until June 10 for ruling on the application.

The court had earlier granted the EFCC leave to arraign Farouq alongside Alkali and Mohammed over allegations involving the diversion of public funds. A bench warrant was subsequently issued against the former minister following her failure to appear in court.

At the previous hearing, her counsel had informed the court that she was undergoing medical treatment in Egypt and was medically unfit to attend proceedings. The prosecution, however, urged the court to maintain the warrant, arguing that the case should proceed without further delay.