A Lagos High Court Friday threw out the no case submission made by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.
Justice Adedayo Akintoye held that the Economic and Financial Crimes Commission (EFCC) – had established essential elements of the offences it brought against Tarfa.
The EFCC arraigned Tarfa on March 10, 2016 on a 27-count charge which was subsequently amended to 26 counts.
He was accused of alleged willful obstruction of authorised EFCC officials, refusal to declare assets and giving false information to a public officer, by lying about his age.
The agency also alleged, among others, that the lawyer offered N5.3 million gratification to Justice Nganjiwa in order to compromise the judge.
Tarfa pleaded not guilty.
The judge noted that the justice of the case thus requires that the court should demand some explanation from the defendant in respect of the charge.
She ordered Tarfa to enter his defence on the next adjourned date, March 13, 2018.
Justice Akintoye also dismissed a claim filed by the Learned Silk seeking N520 million from the EFCC as damages for alleged malicious prosecution.
The judge described it as unmeritorious.
Rickey Tarfa, January 17, through his counsel Abiodun Owonikoko SAN made a no-case submission asking 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 yesterday, Justice Akintoye upheld the prosecution’s argument that a prima facie case had been made against the defendant.
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."
She added: "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.
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