*As EFCC opens case against Nwobike

Written By Paul Sanusi, Lagos

A Lagos High Court sitting at Igbosere, on Friday, told the embattled Senior Advocate of Nigeria, SAN, Rickey Tarfa has been to go and prepare his defence over allegation of bribery levelled against him by the Economic and Financial Crime Commission, EFCC.

The court presided over by Justice A A Akintoye, advised the SAN following the dismissal of the an application to quash the criminal charges filed by the learned silk.

Tarfa, SAN, had urged the court to quash the charge and decline jurisdiction on the matter.

He had through his counsel, Mr Anthony Idigbe, had filed an application seeking to quash the charge against him.

Tarfa, was arraigned on March 9, by EFCC on a 27-count charge  bordering on refusal to declare  assets, making false statement, offering gratification to public officer, failure to declare his assets in the assets declaration Form.
He pleaded not guilty and was granted bail on self recognizance.

At the resumed hearing on Friday, Justice Akintoye, refused all the prayers of the defendant in the preliminary objection, and held that the EFCC has the power to investigate and prosecute Tarfa.

“On the issue of the charge being an abuse of court process as argued by the defendant, I hold that the information contained in the charge before me is different from the one before my learned brother.
“In that charge what the defendant was charged with, is obstructing EFCC official from carrying out their lawful duties.

“I therefore hold that the information in this charge is not an abuse of court prt process,” she held.

The judge also ruled that the commission has the power to ask the defendants to declare his assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes. While adding that the anti-graft agency has the authority to prosecute any financial crimes under state laws, “therefore, the alleged fact of gratifying a public officer which the defendant was charged with, falls under the powers of the EFCC,” the judge said.

She said contrary to the argument of Tarfa, that there was no evidence in the proof of evidence filed by the prosecution which linked him to the offences, the court held that there enough evidence to that regard.

“It is my opinion that the information disclosed by the prosecution in their case against Tarfa established a prima facie case which mean that the defendant as  case to answer ..
“The court will not restrain a statutory body from performing it’s statutory duties in respect of anyone.

“I hold that this court has jurisdiction to entertain this charge, the subject matter is within the jurisdiction of this court.

“I refuse the prayer to quash this charge and I refuse the prayer to restrain the EFCC from investigating or prosecuting the Tarfa,” Akintoye said.

The court, however, adjourned the case till May 20 and 27 for commencement of trial and for further hearing respectively.

In a related development, the anti-graft agency, the EFCC, on Friday, also opened its case against another Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, before Justice Raliat Adebiyi of an Igbosere High Court of Lagos state.

Nwobike, SAN, is standing trial before the court on a charge bordering on an attempt to pervert the course of justice and offering gratification to a public official. The  charge he had denied.

The Commission at the resumed trial of the charge, called its two  witnesses, Joseph Oyekunle and Oliver Enwerem, who are both compliance officers with United Bank for Africa (UBA) Plc, and Access Bank Nigeria Plc, respectively.

The two witnesses who both testified about financial transactions that occurred in the accounts of Joseph Nwobike & Co. with both banks.

During examination in chief led by prosecuting counsel, Rotimi Oyedepo, Oyekunle testified that on March 19, 2015, there was a N750,000 debit on the account of Joseph Nwobike & Co. in favour of Mohammed Nasir Yinusa.

“There must have been an instruction authorizing the transaction,” he said.

Oyekunle added that on April 1, 2015, “Debit transactions of N1.5 million in four places were made on the same day in Manager’s Cheques.” were made to another account.

Under cross examination by Nwobike’s lawyer, Mr. Olawale Akoni, SAN, Oyekunle admitted that on proper examination of the bank documents before him, the third and fourth transfers of N1.5 million each were made to one Seni Ibiwoye.

“The 20th and 23rd entries were made in favour of Seni Ibiwoye,” he said, admitting that he was not accounting officer to the defendant, nor did he know the charge against the him.

On the part of Enwerem, he testified that there were several transfers to different accounts by the defendant’s company, including a September 30, 2015 transfer of N300,00 to a company, Awa Ajia Limited.

He however, admitted that after the transactions of September 28 and 30 there were no other transfers into the accounts by Joseph Nwobike and Co.

The case was adjourned till May 12, for continuation of trial.

On April 9, Nwobike was arraigned by the anti-graft agency on allegations that he gave the sums of N750,000 and N300,000 to Justice Mohammed Nasir Yunusa of the Federal High Court to influence the judge to pervert the course of justice.

He denied the charges and was granted bail on self recognizance.
Nwobike, in a statement to the EFCC, explained that the money was not a bribe. He said he obliged the judge’s request for financial assistance in respect of his mother who was undergoing dialysis due to failing kidney.