A Lagos State High Court in Igbosere on Tuesday dismissed an application by Mr. Rickey Tarfa (SAN) seeking to quash the charges of justice obstruction pressed against him by the Economic and Financial Crimes Commission.
Tarfa was arraigned on February 16, 2016 before Justice Aishat Opesanwo by the EFCC, which accused him of obstructing two of its operatives in their bid to arrest two suspects of economic and financial crimes.
The anti-graft agency alleged that Tarfa hid the suspects in his jeep for hours to prevent them from being arrested.
It also accused Tarfa of having an illegal telephone conversation with Justice Mohammed Yunusa of the Federal High Court to allegedly pervert the course of justice.
These acts, EFCC claimed, were violations of Section 38(2) (a) of the EFCC (Establishment) Act, 2004 and Section 97(3) of the Criminal Law of Lagos State No.11, 2011.
But upon his arraignment on two counts Tarfa pleaded not guilty.
He later filed a motion on notice challenging the powers of the EFCC to try him on the alleged offences and seeking to quash the charges.
Arguing Tarfa’s application on behalf of 136 lawyers, including 34 Senior Advocates of Nigeria, Mr. Jelili Owonikoko (SAN), had argued, among other things, that the trial of Tarfa by the EFCC was against the rule of natural justice under Section 36 of the Constitution.
He contended that Section 36 of the Constitution forbids a situation where an individual or an agency will be “the complainant, the investigator and the prosecutor” in their own case.
Owonikoko further contended that the EFCC had no power to try Tarfa because the charges pressed against him did not amount to economic and financial crime, which was the only thing that the EFCC was established for.
In her ruling on Tuesday, Justice Opesanwo identified six issues for determination from Tarfa’s application and resolved all the six against him in favour of the EFCC.
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