The Justice of Federal High Court Lagos, Justice Mohammed Idris on Friday said he has no jurisdiction to stop the scheduled trial of Mr. Rickey Tarfa (SAN) by the Economic and Financial Crimes Commission (EFCC).
The arraignment of the Senior Advocate has been fixed for Thursday, February 18, 2016 before Justice Aishat Opesanwo of a Lagos State High Court in Igbosere.
Tarfa was charged with two counts of unlawful obstruction of EFCC investigation and perversion of the course of justice.
Justice Idris, on Friday refused to grant Tarfa’s ex parte application that his mobile phones and his Mercedez Benz SUV with Registration No. KJA 700 CG seized by the EFCC should be immediately released to him.
Justice Idris,in a brief ruling, however, ordered the EFCC not to do anything that will violate Tarfa’s fundamental rights as guaranteed by the constitution pending the determination of a N2.5bn suit he filed against the EFCC to challenge his alleged unlawful arrest and detention.
EFCC had on the evening of Friday, February 5, 2016 apprehended Tarfa on the premises of the Lagos State High Court in Igbosere, where he was said to have hidden two suspects in his jeep, to prevent them from being arrested.
He was subsequently detained in his lawyer’s gown alongside the suspects whose names were given as Gnahouse Nazaire and Senoue Modeste who are his clients from the Republic of Benin.
He was, however, on Sunday evening, granted an administrative bail and released to Mr. Augustine Alegeh (SAN), the President of the Nigerian Bar Association.
Following his release on bail, he filed a N2.5bn fundamental rights enforcement suit against the EFCC.
Six out of the 34 Senior Advocates of Nigeria, who were to stand for him in court, appeared before Justice Idris on Friday, with an ex parte application, seeking the release of his mobile phones and his jeep.
The six SANs, led by Chief Bolaji Ayorinde, are Dr. Joseph Nwobike, Mr. Babajide Koku, Mr. Abiodun Owonikoko, Mr. Adeniyi Adegbonmire, and a former Attorney General of Ogun State, Mrs. Abimbola Akeredolu.
Although the EFCC was not notified of the SANs coming to court on Friday, Mr. Rotimi Oyedepo, its prosecutor, however, showed up in court, saying he got the information about their moves.
Oyedepo told the court that though he had heard of Tarfa’s N2.5bn suit against the EFCC since February 9, the senior lawyer had, however, yet to serve the EFCC with the court papers.
He undertook to accept service in court and he was subsequently served while hearing was fixed for February 19.
Receiving the service, Ayorinde urged Justice Idris to make a consequential order that parties should maintain status quo.
But Oyedepo opposed him, pointing out that such an order will be a glitch to the EFCC in carrying out the proposed arraignment of Tarfa before Justice Opesanwo next Thursday.
He said, “I will urge Your Lordship not to hearken to that prayer. As of today, the applicant before Your Lordship is to be arraigned before your learned brother Honourable Justice Opesanwo of the Lagos State High Court next week Thursday.
“The defendant has been notified to produce the applicant on that date.
“If Your Lordship makes an order to maintain the status quo, then the honourable court would be crippling the defendant from arraigning the applicant.”
He described Ayorinde’s application as a scheme to restrain Tarfa’s arraignment and pleaded the judge “not to fall for that temptation.”
But Ayorinde contained that Oyedepo misunderstood the essence of his application for status quo, pointing out that since Tarfa was granted administrative bail, he had been mandated to report daily to the EFCC’s office, where he spent the whole day without being able to go about his business.
Having listened to both sides, Justice Idris held, “I have listened to the learned senior counsel in this suit; it is clear from the affidavit evidence before this
The judge said, “This court will not, therefore in the circumstances, make any order that will obstruct the free flow of that matter; I have no such jurisdiction. This is on the one hand.
“On the other hand, while this suit is pending, no party shall take any step that will foist the fait accompli or render nugatory, any judgment the court will give at the conclusion of trial.”
He adjourned the case till February 19 to hear the substantive suit.
Ayorinde had earlier noted that the 34 Senior Advocates, who put in appearance for Tarfa, did not come to court on a protest march but due to the “seriousness of the case.”
But in response, Oyedepo said he wished that such a number of SANs would one day volunteer to take up an EFCC case against corrupt governors on pro bono.
“When we see this number (of SANs) standing against a governor in the country, we will move forward,” Oyedepo said.
Replying him, Ayorinde, however, said SANs were ready to take up EFCC cases on pro bono, but they must be consulted appropriately.
He said, “You cannot say we are criminals, you cannot say we are your headache, it is a balanced thing, we just want you to be fair.”
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