Court declines to quash bribery charge against Rickey Tarfa

A Lagos State High Court sitting in Igbosere on Friday said it has the required jurisdiction to entertain the EFCC case against the embattled Senior Advocate of Nigeria (SAN), Rickey Tarfa.
Justice A. A. Akintoye stated this at the resumed hearing while ruling on the preliminary objection brought before it by Tarfa, urging the court to quash the charge and decline jurisdiction.
The SAN had through his counsel, Mr Anthony Idigbe, filed an application seeking to quash the charge against him.
Idigbe had argued in his preliminary objection that it was against the rule of law for the EFCC to be the complainant, the investigator and prosecutor in a case.
Tarfa was on March 9 charged before the court by the EFCC on a 27-count charge bordering on ‎refusal to declare assets and making false statement.
Others were offering gratification to public officer and failure to declare his assets in the Assets Declaration Form.
However, Tarfa pleaded not guilty and was granted bail on self recognisance.
Justice Akintoye refused all the prayers of the accused, but reserved her decision till end of trial on the prayer to declare that falsification of age was not an offence known to law.
In her ruling, she said that 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 accused, 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 accused is charged with is obstructing EFCC official from effecting their lawful duties.
“I therefore hold that the information in this charge is not an abuse of court process,’’ she held.
Akintoye also ruled that the commission has the power to ask the accused to declare assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes.
The judge also said that the EFCC has the authority to prosecute any financial crimes under state laws.
“Therefore, the alleged fact of gratifying a public officer which the accused was charged with falls under the powers of the EFCC,’’ she said.
The judge said that the accused had argued that there was no evidence in the proof of evidence filed by the prosecution which linked the accused to the offences he was charged.
“It is my opinion that the information disclosed a prima facie case which established that the accused has a case to answer as alleged by the charge.
“The court will not restrain a statutory body from performing its 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 accused,’’ Akintoye said.
She, however, adjourned the case to May 20 for commencement of trial and May 27 for further hearing.