N225, 000 Bribery Scandal: Rickey Tarfa Knows Fate March 2

N225, 000 Bribery Scandal: Rickey Tarfa Knows Fate March 2

 

Justice Mohammed Idris of the Federal High Court in Lagos will on March 2 decide whether or not to admit fresh evidence brought before him by embattled Senior Advocate of Nigeria, Rickey Tarfa, in opposition to an allegation made against him by the Economic and Financial Crimes Commission (EFCC) that he offered a bribe of N225, 000 to Justice Mohammed Yunusa.

In what appeared as a turnaround, Tarfa, who had earlier admitted in a fundamental rights enforcement suit, that he gave the sum of N225,000 to Justice Mohammed Yunusa is now claiming in an affidavit of urgency deposed to by his head of chambers, Segun Odubela, that the money was actually given to a former staff of the chambers, Mohammed Awwal Yunusa.

At the last sitting of the court, Justice Idris had adjourned the suit to Monday for judgment, but he could not deliver the judgement due to the attempt by the lawyer to introduce the new evidence.

 Tarfa had approach the court asking the court to award him the sum of N2.5 billion as damages against the EFCC over his arrest and detention.

In a motion on notice brought pursuant to Sections 33, 34, 35, 37, 41, 44 and 46 of the 1999 Constitution as amended, Articles 2, 4, 6, 7, 9 and 12(1) of the African Charter on Human and People's Rights (Ratification and Enforcement) ACT CAP 10, LFN,1990; the silk is seeking for an order granting him leave to re-open and adduce further evidence by way of a further and better affidavit.

While arguing the application at yesterday's proceedings, Tarfa's lawyer, Chief Bolaji Ayorinde (SAN) urged the court to grant the request.

According to Ayorinde, the respondents will neither be prejudiced nor suffer any miscarriage of justice if the application is granted by the court.

He also submitted that the purpose of bringing the further affidavit is to show that the account in question does not belong to the judge.

"We are not arresting the judgement of the court but we are only putting facts before the court so as to help the court arrived at a fair and just conclusion'', Ayorinde said.

The lawyer further maintained that it is necessary for the court to consider the application because it bothers on the fundamental rights of the applicant.

However, the EFCC counsel, Wahab Shittu, opposed the application, stating that if the applicant is allowed to introduce fresh evidence at the stage of the matter, the respondents will be over-reached.

He argued that the rules of the court only allows the introduction of fresh evidences only at the hearing and not after the conclusion of hearing when judgment date has been fixed.

"The court should look at whether or not, the applicant is making credible assertions and is truthful in his submissions. The applicant is not factual and truthful and does not deserve any favour from the court. This is a ploy by the applicant to arrest the judgement of the court. This should not be allowed", the lawyer submitted.

He also stated that paragraph 11 of the affidavit in support is blatant falsehood in that the cheque in the sum of N225,000 annexed as exhibit E in the affidavit
of one Mohammed Awwal Yunusa dated 23rd Day of February, 2016 is in the
name of Mohammed Awwal and not Mohammed Awwal Yunusa.

Shittu also accused the applicant of telling obvious lies about his age and the alleged N225,000 bribe money.

The lawyer said he was perturbed by the action of the applicant in denying ever given any money to the judge after he had earlier admitted giving out the said money for the burial of Justice Yunusa's in-law.

Justice Idris adjourned till Wednesday for ruling.

In the substantive suit, the embattled lawyer is asking the court to compel the anti-graft agency and his Acting Chairman, Ibrahim Mustafa Magu to pay him N2.5billion.

Joined as defendants are; the Commission’s acting chairman, Ibrahim Mustapha Magu, the EFCC operatives that arrested him, Moses Awolusi, and the Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai.

Apart from the monetary compensation, Tarfa also asked the court to compel the defendants to release his two mobile handsets allegedly collected from him on Friday, February, 5 2016 at their Ikoyi office in Lagos.

He stated that EFCC intended to destroy all information, data and other retrievable materials stored in the two handsets.

He also sought an order urging 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 (NTA) 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.