Fresh facts emerged from the records of the Federal High Court, Lagos where Lagos lawyer, Rickey Tarfa (SAN), filed a N2.5 billion fundamental enforcement suit against the Economic and Financial Crimes Commission that he did not ask for any court order stopping his alleged trial in any court.
This was contrary to early reports in the media, a statement on Sunday claimed.
Rather, the statement said it was the counsel of the EFCC, Rotimi Oyedepo (SAN), who, while objecting to the request of Tarfa to stop his harassment, insinuated that if the request was granted, it would prevent the agency from pressing charges against the applicant.
In a statement by the Head of the Chambers of Rickey Tarfa & Co, Segun Odubela, Justice Muhammed Idris in his short ruling ordered as follows: “No party to this suit shall take any any step to foist a fiat accompli on the court, or any act that will have the effect of rendering nugatory any order the court will make at the conclusion of hearing.
“The Respondents shall in the interim preserve the rights of the Applicant as provided for in the Constitution and the African Charter and Peoples Rights, pending further hearing of this application.”
On the request of Oyedepo, Justice Idris categorically, according to the statement: “The Court has no jurisdiction to give any order that will prevent the free flow of charge No. LD/2417C/16.”
A Federal High Court on Friday barred the EFCC from disturbing the rights and privileges of Tarfa pending the determination of the N2.5 billion damage suit he filed against the EFCC.
Idris made the firm order after the arguments of Tarfa’s lawyer, Chief Bolaji Ayorinde (SAN), who was supported by six Senior Advocates of Nigeria.
Tarfa had filed the suit against the anti-graft agency and its Acting Chairman, Ibrahim Mustapha Magu, asking for N2.5 billion due to his alleged illegal arrest and detention.
Apart from the monetary compensation, Tarfa also asked the court to compel the defendants, including Moses Awolusi, the operatives that allegedly illegally arrested him, and the Deputy Director Operations of the EFCC, Lagos office, Iliyasu Kwarbai, to release his two mobile handsets deceitfully collected from him on February 5, 2016 at their Ikoyi office in Lagos to the court for the purpose of destructing all information, data and other retrievable materials stored in the two handsets.
He also sought an order of the court to direct the defendants to release his Mercedes Benz SUV with registration No. KJA 700CG unlawfully seized from him.
The Senior Advocate also asked the court to order EFCC, Magu and two other defendants to publicly apologize to him in at least two widely circulated national newspapers, social media and the Nigerian Television Authority as well as Channels Television within 24 hours from the day of the judgment of the suit.
Besides, he asked for an order of perpetual injunction restraining all the defendants and their agents from further violating his rights apart from the payment of N20 million for the cost of this suit.
The 52 paragraph affidavits in support of the suit was sworn to by Odubela, who narrated the genesis of Tarfa’s ordeal as a witness to the gestapo tactics employed by the anti-graft agency.
The court adjourned to February 19 for the continuation of the matter.
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