Court Dismisses Rickey Tarfa’s No-Case Submission Against EFCC
A Lagos High Court on Friday, dismissed the no-case submission by a Senior Advocate of Nigeria, Rickey Tarfa.
The trial judge, Justice Adedayo Akintoye, said the prosecution had established the essential elements of the offences which the defendant was charged with.
The Economic and Financial Crimes Commission (EFCC), had charged Tarfa with a “26-count offence bordering on bribery and attempt to pervert the course of justice.”
Tarfa, had through his lawyer, Mr. Jelili Owonikoko, made a no-case submission in bribery charge preferred against him by the EFCC.
Justice Akintoye, in her ruling, 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 doubts against the defendant, as the guilt of the defendant is not in issue now.
“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.”
“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 assets, 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,” Akintoye ruled.
She added: “With regard to the defendant’s applicant claim for exemplary damages for malicious prosecution against the EFCC, I find no merit in this claim of N520m damages and same is refused.”
Akintoye adjourned the case until March 13 for the defence to open its case.