Tarfa to pay cost for withdrawing N5b suit against EFCC, Falana

Femi Falana

The Federal High Court in Lagos yesterday asked a Senior Advocate of Nigeria, Mr. Rickey Tarfa, to pay N10,000 each to the Economic and Financial Crimes Commission (EFCC), MTN Nigeria Communications and activist-lawyer Femi Falana (SAN) for withdrawing a suit filed against them.

Tarfa filed the suit for an alleged unauthorised access to his mobile phones, demanding N5 billion for the alleged violation of his right.

The lawyer, who joined EFCC Chairman Ibrahim Magu and a foreigner Mrs Rashidatou Abdou, will pay N50,000 to the respondents.

It was the second fundamental rights’ suit Tarfa would file since his arrest for alleged obstruction of justice.

A lawyer from his chambers, O. Oladele, moved an ex parte application to discontinue the case.

Tarfa gave no reason for withdrawing the action.

EFCC lawyers Mr. Wahab Shittu and Rotimi Oyedepo, did not oppose the withdrawal.

They, however, urged the court to award punitive cost against Tarfa.

 “We have no objection to the discontinuance of the suit but we want the court to award a punitive cost against the applicant; our names have been flying around in major newspapers since yesterday,” Shittu said.

Oladele argued that the respondents had no right of reply because his application was an ex-parte one.

Besides, he said Tarfa did not serve the respondents with the suit, therefore they did not suffer any inconvenience or incur expenses to warrant financial compensation.

But Shittu argued that since the suit was widely reported, the respondents became aware of it.

Justice Idris struck out the suit and ordered Tarfa to pay the cost of N10, 000 to each of the respondents.

Tarfa was arrested for allegedly hiding Gnahouse Nazaire and Senoue Modeste in his Mercedes Benz Sports Utility (SUV) vehicle, thereby shielding them from arrest and obstructing justice.

The two Beninoise were alleged to have fraudulently converted assets of Rana Prestige Nigeria Limited for their use. They are also being investigated for alleged tax evasion.

Tarfa urged the court to declare that the unauthorised use of his iPhone 6: 08034600000 to call Alhaji Ado in Kaduna on 08061272929, on February 9, while the phone was with Magu and EFCC without any cause or any court order was wrong, illegal and a violation of his right.

He also prayed the court to hold that the unauthorised access to his bank details, clients’ information, private and confidential information contained in his iPhone 6 and Samsung 6: 08077341616 by EFCC and Magu without a court order was illegal and violated his rights.

Tarfa asked the court to hold that the unauthorised accessto his call records/call log and forwarding the information to Sahara Reporters and other online news agencies without any cause or court order was unlawful and amounted to a violation of his rights.

Judgment in Tarfa’s N2.5 billion suit against EFCC will be delivered on Monday.