You Have Case To Answer On Bribery, Court Tells Rickey Tarfa
Justice Adedayo Akintoye of the Lagos State High Court in Igbosere on Friday dismissed the no case submission filed by a Senior Advocate of Nigeria (SAN), Rickey Tarfa seeking to quash the bribery charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Akintoye, in her ruling on the application, held that the EFCC had successfully established essential elements of the offences it brought against the senior lawyer and that a prima facie case had been made against the defendant.
The anti-graft agency is prosecuting the embattled Senior Advocate of Nigeria on a 26-count charge of obstruction of public officers, offering of gratification to a public officer and failure to declare assets.
The lawyer was alleged to had internationally gave the sum of N1.5 million to Justice Nganjiwa Hyeladzira Ajiya of a Federal High Court in Lagos, on June 27 2012, directly from his Zenth Bank Account No 1002926967, in order that the said judge acts in the exercise of his official duties.
The accused person was also accused of intentionally offering the same Judge the sum of N500,000, on the same day, in order that the said judge refrains from acting in the exercise of his official duties.
He pleaded not guilty to the charge and was granted bail on self recognizance.
In her ruling, the judge stated that the justice of the case thus requires that the court should demand some explanation from the defendant in respect of the charge.
Justice Akintoye also ordered Tarfa to enter his defence on the next adjourned date, March 13, 2018.
Justice Akintoye also dismissed a claim filed by the lawyer seeking N520 million from the EFCC as damages for alleged malicious prosecution.
The court described the claimed as unmeritorious.
The judge said: “What is expected of this court at this stage of no case submission is to look at the evidence adduced so far and determine whether a prima facie case has been disclosed against the defendant.
“At this stage also the prosecution is not required to have established its case beyond reasonable doubt against the defendant as the guilt of the defendant is not in issue at this stage.
“I have carefully evaluated the evidence so far, with the totality of evidence adduced before this honourable court, it is my opinion that the prosecution has established the essential elements of the alleged offences with which the defendant is charged.
Justice Akintoye also ruled that: “The evidence of the prosecution witnesses has not been discredited by the cross- examination of the defence counsel to the extent that no reasonable tribunal will simply convict based on it.
“I therefore hold that a prima facie case of failing and refusing to declare his assests, making false information to an officer of the EFCC, and offering gratification to a public official as stated in the amended information filed before this court has been made against the defendant.
“Therefore the defendant is called upon to enter his defence and the no case submission filed on his behalf is hereby dismissed.”
“With regard to the defendant/applicant’s claim for exemplary damages for malicious prosecution against the EFCC, I find no merit in this claim of N520 million damages and same is refused,” She held
Last January 17, the Silk, through his counsel Abiodun Owonikoko (SAN) had argued a no-case submission praying the court to dismiss the charge because it was malicious.
He prayed the court to make an example of the anti-graft agency and “slam the hammer” on it with a N500m damages award.
“The specific ingredients were not proven. It is not as if the prosecution did not make an attempt, but that the attempt was so woeful,” Owonikoko submitted.
But EFCC counsel Mr Rotimi Oyedepo opposed Tarfa’s no-case submission, “because it amounts to contesting the obvious.”
According to Oyedepo, Tarfa misconstrued the no-case submission.
He said: “The prosecution is not expected to establish the guilt of the defendant, only to show that there is a prima facie case against the defendant.”
However, in her ruling Friday, Justice Akintoye upheld the prosecution’s argument.
