Ruling in the case of unlawful arrest brought by Rickey
Tarfa, SAN, against the Economic and Financial Crimes Commission, EFCC, and
three others persons which was billed for today suffered a setback sequel to
the applicant’s attempt to introduce new evidence.
Tarfa had approach the court asking the court to award N2.5
billion as damages against the EFCC over his arrest and detention.
At the last date in court, Justice Mohammed Idris of the Federal High
Court, Lagos adjourned to today February 29, 2016 for judgment after
listening to the submissions of counsel.
Tarfa had in an affidavit by one John Olusegun Odubela, who
is the head of Chambers in the firm of Messrs Rickey Tarfa & Co, admitted
that the applicant gave the sum of Two Hundred and Twenty Five Thousand
Naira Only (N225,000) to Justice M.N Yunusa of the Federal High Court.
He has now approached the court for an order granting him
leave to re-open and adduce further evidence that the said Justice M. N. Yunusa
is Mr. Mohammed Awwal Yunusa, a former employee in Tarfa’s chambers, as
the beneficiary of the N225, 000.
Tarfa, SAN, had stated in his earlier affidavit ’’That it
was a common knowledge in legal circles that the Honourable Justice M.N Yunusa
lost his father in-law Alhaji Audi Garba Damasa on 28th December 2013 in
Maiduguri and travelled there to attend to the funeral rites.
‘’That the applicant and some friends of the Honourable Justice M.N Yunusa made some donations towards the said funeral rites and to commiserate with the Judge since they could not physically go and commiserate with him in Maiduguri where he was and stayed for a while.
‘’That the contributed monies amounted to Two Hundred and Twenty Five Thousand (N225,000) which sum was given to the applicant with the responsibility to get same across to the bereaved Judge.
‘’That the applicant consequently made arrangements to forward the sum of N225,000.
‘’That I know as a fact that it is common in Nigeria for friends and well-wishers to contribute gifts in cash and kind to people who are celebrating or bereaved”.
Tarfa has now made a u-turn. “That the Applicant did not in paragraphs 35, 36, 37, 38, & 39 of the Applicant’s further affidavit deposed to on 19th February, 2016 stated that the sum of N225,000 was paid to Honourable Justice M. N. Yunusa of this Honourable Court.”... “That the sum of N225,000 was paid to the Applicant’s former staff, M. A. Yunusa Esq and it is necessary to adduce further evidence by allowing the use of further and better affidavit of Mr. Mohammed Awwal Yunusa in support of the application for enforcement of fundamental rights who owns the account that was said to have been owned by Honourable Justice M. N. Yunusa”,
‘’That the applicant and some friends of the Honourable Justice M.N Yunusa made some donations towards the said funeral rites and to commiserate with the Judge since they could not physically go and commiserate with him in Maiduguri where he was and stayed for a while.
‘’That the contributed monies amounted to Two Hundred and Twenty Five Thousand (N225,000) which sum was given to the applicant with the responsibility to get same across to the bereaved Judge.
‘’That the applicant consequently made arrangements to forward the sum of N225,000.
‘’That I know as a fact that it is common in Nigeria for friends and well-wishers to contribute gifts in cash and kind to people who are celebrating or bereaved”.
Tarfa has now made a u-turn. “That the Applicant did not in paragraphs 35, 36, 37, 38, & 39 of the Applicant’s further affidavit deposed to on 19th February, 2016 stated that the sum of N225,000 was paid to Honourable Justice M. N. Yunusa of this Honourable Court.”... “That the sum of N225,000 was paid to the Applicant’s former staff, M. A. Yunusa Esq and it is necessary to adduce further evidence by allowing the use of further and better affidavit of Mr. Mohammed Awwal Yunusa in support of the application for enforcement of fundamental rights who owns the account that was said to have been owned by Honourable Justice M. N. Yunusa”,
In his counter affidavit the EFCC counsel, Wahab Shittu
claims that the grounds upon which the applicant was bringing the application
is blatant falsehood and an afterthought. He claims that the applicant’s
further affidavit that was deposed to earlier cannot be twisted or
misrepresented in any way whatsoever. ”That paragraph 10 of the affidavit in support
stands logic on its heads and in response thereto paragraphs 37 and 38 of the
further affidavit of the applicant showing clearly that the applicant averred
that the sum of N225,000 (Two hundred and twenty five Naira) was paid directly
to Honourable Justice M. N. Yunusa...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 is 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 claims that the applicant’s new position that this
was not what he said is a gross misrepresentation and an attempt to mislead the
court. Shittu also drew the court attention to the fact that Tarfa
repeatedly wrote that he was 43 years in all the pages of his extra-judicial
statement with the EFCC whereas A Compendium 3rd Edition of
Senior Advocates of Nigeria shows that Tarfa was born on February 23,
1962 making him 54 years.
After listening to the arguments of the two parties Justice Idris adjourned the
matter to March 2, 2016 for ruling on the new application.
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