EFCC right to drag you here, Judge tells Tarfa

A Senior Advocate of Nigeria, SAN, Ricky Tarfa, has lost the quest to have the 27 count charge filed against him by the EFCC, before a Lagos State High Court sitting in Igbosere, quashed, as the court said it has jurisdiction to entertain the matter and that the EFCC acted within its powers by dragging the accused before it.

The trial judge, Justice A.A. Akintoye, therefore dismissed Tarfa’s preliminary objection, filed through his counsel, Mr Anthony Idigbe, SAN, urging it to quash the charge and decline jurisdiction.

Tarfa is facing trial over charges bordering on ‎refusal to declare assets, making false statements and offering gratification to a public officer.

Justice Akintoye, while ruling on Thursday, refused the defendant’s prayers but reserved her decision till the end of trial on the prayer to declare that falsification of age was not an offence known to law, while also insisting that the EFCC had 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

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“In that charge what the accused is charged with, is obstructing EFCC officials from effecting their lawful duties.

“I therefore hold that the information in this charge is not an abuse of court process,” she held.

Continuing, the judge also ruled that the EFCC had the power to ask the defendant to declare his assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes.

“The offence of gratification of a public officer which the defendant was charged with, falls under the powers of the EFCC.

“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.

The case was adjourned till May 20 for commencement of trial and May 27 for further hearing.

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