For second times within five days, an Igbosere High Court of  Lagos State, on Tuesday, dismissed an application seeking to quash a criminal charge filed by an embattled Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa.

The Economic and Financial Crimes Commission (EFCC), had on February 16, arraigned Tarfa before the court presided over by Justice Ayisat Opesanwo, on two count charges bordering obstructing its officers from carrying out their lawful duty and perversion of justice.

Similarly, Tarfa, SAN, had through his counsels, Mr. Abiodun Owonikoko (SAN) and Emeka Ngige (SAN), argued that the charges against him was an abuse of court process, and urged the court to quash the charge and decline jurisdiction.

Owonikoko argued among others that the authority of EFCC to prosecute is limited to economic and financial crimes, which the alleged offences of obstructing officers of law and attempting to perverse the cause of justice were not.

Furthermore, the senior lawyer moved the court that the Commission had no powers to prosecute general criminal offences outside its jurisdiction.

He added that the allegations against Tarfa are the subject of an appeal before the Court of Appeal, and the charge thus constitutes an abuse of court process.

Tarfa (SAN), further argued that by virtue of Section 286 of the Administration of Criminal Justice Law 2004, the EFCC could not be a complainant, an investigator and at the same time, a prosecutor.

He said: “the filing of this charge is a clear case of abuse of court process, therefore the proper order is to dismiss the charge,” he stated.

However, EFCC in a 28-paragraph affidavit dated March 28, filed and argued by its counsel, Mr. G. K. Latona, urged the court to disregard Tarfa’s submission.

He informed the court that an existence of a civil appeal does not have any relation with this particular case, adding that the Federal Republic of Nigeria was not a party to the case before the Appeal Court.

However, delivering ruling in the matter on Tuesday, Justice Opesanwo assumed jurisdiction to entertain a two-count charge filed against the embattled Senior Advocate of Nigeria, by the EFCC.

Justice Opesanwo consequently dismissed Tarfa’s preliminary objection to the charges for lacking in merit.

In an almost two-hour ruling Justice Opesanwo found no merit in the Tarfa’s application.

She ruled that the applicant’s argument that the EFCC was both the accuser, investigator and judge could not be substantiated.

“No such situation exists in this case,” she ruled.

The judge ruled further that EFCC has “since come to be recognised as an agent of the government, whether State or Federal, such that there is a presumption that it is an agent of government,” it is thus qualified to institute an action on behalf of both.

On the allegation of contacting a judge, Justice Opesanwo ruled that Tarfa “had some explaining to do.”
“The facts require the applicant to explain the legitimacy of his actions,” the judge ruled.

“The application is one which I find no merit and must dismiss in totality,” she held.

The EFCC had on February 16, arraigned Rickey Tarfa for allegedly obstructing their officers from carrying out their lawful duty.

In charge No- LD/2417C/16, filed before Justice Aishat Opesanwo, the commission alleged that Tarfa on February 5, 2016 hid two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise in his Mercedes Benz Sports Utility Vehicle car, thereby shielding them from arrest and willfully obstructing the cause of justice.

The Street Reporters recalled that Justice A. A. Akintoye of the same court had on last week Friday, had  dismissed application filed by the same defendant seeking to quash another criminal charges filed against him by the anti-graft agency.

The Senior lawyer is being prosecuted before Justice Akintoye led-court on charges bordering on  alleged offering of N5.3m gratification to a judge of the Federal High Court, Justice Hyeladzira Nganjiwa, in order to allegedly compromise the judge, and failure to declare his asset

The anti-graft agency alleged that Tarfa transferred the money in several tranches to the judge between June 27, 2012 and December 23, 2014.

It said the offence was contrary to Section 64 (1) of the Criminal Law of Lagos State, 2011. http://thestreetreporters.com/