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Court Asks Rickey Tarfa To Face Trial

The Federal High Court sitting in Lagos has asked Senior Advocate of Nigeria, Rickey Tarfa, to defend the criminal charge against him before pursuing civil … Continue reading Court Asks Rickey Tarfa To Face Trial


Rickey Tarfa

Rickey TarfaThe Federal High Court sitting in Lagos has asked Senior Advocate of Nigeria, Rickey Tarfa, to defend the criminal charge against him before pursuing civil damages against the Economic and Financial Crimes Commission.

Presiding judge, Justice Mohammed Idris on Tuesday upheld the EFCC’s preliminary objection to Mr Tarfa’s 2.5billion Naira fundamental enforcement rights suit.

The court ordered a stay of proceedings pending the conclusion of Mr Tarfa’s trial at the Lagos State High Court.

He had sued the EFCC for allegedly violating his rights after he was arrested on charges of obstructing the work of the commission and perverting the course of justice.

Mr Tarfa demanded N2.5bn as damages. He also sought an order of perpetual injunction restraining the anti-graft agency and its agents from further violating his rights. He also wanted a public apology, as well as the release of his telephones and SUV which were seized by the EFCC.

The EFCC, through their lawyer, Wahab Shittu, however filed a notice of preliminary objection challenging the court’s jurisdiction on the ground that Mr Tarfa’s prayers following his arraignment on the charges at the Lagos State High Court had become academic and hypothetical.

Mr Shittu asked the court to decline jurisdiction in view of the pending criminal charge or in the alternative stay proceedings pending the conclusion of the criminal case against the Senior Advocate.

Justice Idris, however, dismissed the EFCC’s objection challenging the jurisdiction of the court to entertain the matter but he agreed with the Commission when he held that it would be “inelegant” for him to make any orders that will undermine the authority of another court of coordinate jurisdiction or bring the judiciary to “ridicule”.

He noted that unless he stays action, there is a real risk of serious prejudice which could lead to potential injustice for the EFCC.

In the interest of justice, the judge ordered a stay of further proceedings in the civil suit pending the determination of the criminal proceedings before the Lagos State High Court.

Counsel to Mr Tarfa, Mr George Oguntade (SAN) declined to comment on the matter but counsel to the EFCC said that it was a brave verdict.

While the order to stay proceedings in this case subsists, Justice Idris said that the EFCC shall ensure respect for the fundamental rights and liberties of Mr Rickey Tarfa as guaranteed by law, including the right to have the criminal charge prosecuted expeditiously.

Mr  Rickey Tarfa was not in court for the verdict in his fundamental rights enforcement suit.