Court refuses to stop trial of SAN, Ricky Tarfa

A Federal High Court sitting in Lagos Lagos has thrown out an application by a prominent lawyer, Ricky Tarfa (SAN), seeking to stop the Economic and Financial Crimes Commission from prosecuting him.
The EFCC had on February 8, 2016 slammed a two-count charge on Tarfa.
The charges border on obstruction of justice and attempt to pervert the course of justice.
Tarfa, who was arrested on February 5, 2016 by EFCC operatives for allegedly hiding two suspects – Nazaire Sorou Gnanhoue and Modeste Finagnon – in his Mercedes Benz Sports Utility Vehicle with the intent of shielding them from being arrested, had gone to court seeking to stop his prosecution by the EFCC.
Justice Idris, however, threw out his application, thus clearing the way for his prosecution by the EFCC.
Idris, however, ruled that the agency must respect Tarfa’s fundamental human rights.
Tarfa had filed a motion exparte for the enforcement of his fundamental rights before Idris on February 8.
The EFCC; its Chairman, Ibrahim Magu; Moses Awolusi; and Iliyasu Kwabai were joined as co-respondents in the suit.
Tarfa’s application is seeking an order directing the respondents to release his mobile phones and his Mercedes Benz SUV pending the hearing and determination of the suit.
He prayed for order of substituted service of the originating motion on the respondents as well as an order staying all actions relating to the instant application, pending the hearing of the suit.
When the case was called on Friday, Bolaji Ayorinde (SAN), announced appearance for the applicant, with five other senior advocates, who were present in court.
They were Dr. Joseph Nwobike, Abiodun Owonikoko, Adeniyi Adegbomire, Babajide Koku and Abimbola Akeredolu.
Rotimi Oyedepo announced appearance for the respondents and informed the court that the respondents were not served with court processes in the instant suit.
Oyedepo then expressed his willingness to receive service of the processes in court, adding that the non-service was a ploy by the applicant to shut out the respondents.
Following an order of court, the court bailiff, L. Lambo, was summoned inside the court and he effected service of the processes on the respondents at exactly 9.35am.
After service had been effected, Ayorinde then prayed the court to order that status quo be maintained in view of the pendency of the instant suit for which Oyedepo had now accepted service.
Objecting to the application by counsel to the applicant, Oyedepo urged the court to “resist the temptation” of making such orders.
He argued: “If my lord makes such orders, then the court would have precluded the EFCC from carrying out its lawful duties.
“My lord, there is already a pending charge against the applicant before Justice Opensanwo of the Lagos High Court sitting in Igbosere.
“If my lord grants any restraining orders with respect to this application, then the respondent would have been precluded from exercising its duties.
“I just hope this great team of lawyers appearing for the applicant here today will be present at the trial to also stand for him.
“I urge my lord not to be tempted.”
In a swift reaction, Ayorinde informed the court that it was not being cajoled into making any order foisting the powers of any court, but only to ask that status quo be maintained.
In a short ruling, Justice Idris held: “I have listened to learned senior counsel in this suit.
“It is clear from the affidavit evidence before this court that the applicant herein was served with a criminal charge in suit No LD/2417/C16 between FRN v Ricky Tarfa.
“This court will not therefore in the circumstances by an order make any other 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.
“The respondent shall in the interim have the duty of preserving the right of the applicant as guaranteed under the constitution and the African Charter on human and people’s right, pending the hearing of this application.
“This suit is hereby adjourned till February 19 for hearing of the substantive application.”
NAN.