A Lagos High Court in Igbosere monday fixed April 20 to rule on an application filed by a Senior Advocate of Nigeria, Rickey Tarfa, asking the court to quash a criminal charges preferred against him by the Economic and Financial Crimes Commission (EFCC).
Tarfa is standing trial on a two-count charge bordering on obstructing officers of law from carrying out their official duty and attempting to pervert the course of justice.
The trial judge, Justice Aishat Opesanwo, adjourned the matter for ruling after hearing arguments from counsel to the parties.
At the resumed hearing monday, counsel to the defendant, Abiodun Owonikoko (SAN) in a preliminary objection urged the court to quash the charge.
Owonikoko argued that the authority of EFCC to prosecute is limited to economic crimes, stressing that EFCC had no powers to prosecute general criminal offences outside its jurisdiction.
He submitted that the case which Tarfa was accused was already before the Court of Appeal therefore his ongoing trial constituted an abuse of court processes and should be quashed.
Owonikoko argued that by virtue of Section 286 of the Administration of Criminal Justice Law 2004, the EFCC could not be a complainant, an investigator and at the same time be a prosecutor.
“The filing of this charge is a clear case of abuse of court process, therefore the proper order is to dismiss the charge,” he stated.
However, the counsel to EFCC, Mr. G. K. Latona, urged the court to disregard the submission of the defence counsel.
He said an existence of a civil appeal does not have any relation with this particular case, adding that the Federal Republic of Nigeria was not a party to the case before the appeal court.
The EFCC had on February 16, arraigned Rickey Tarfa for allegedly obstructing their officers from carrying out their lawful duty.
Tarfa however pleaded not guilty and was granted bail on self-recognition
The EFCC had in charge No- LD/2417C/16, filed before Justice Aishat Opesanwo, alleged that Tarfa on February 5, 2016 hid two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise in his Mercedes Benz Sports Utility Vehicle car, thereby shielding them from being arrested and willfully obstructing the course of justice.
Tarfa was alleged to have prevented two operatives of the EFCC who were officially detailed to effect their arrest from carrying out their statutory duties.
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