Justice Mohammed Idris of a Federal High Court in Lagos has upheld the preliminary objection raised by the Economic and Financial Crimes Commission in opposition to the N2.5bn suit filed against it by Mr. Rickey Tarfa (SAN).

Tarfa had filed the suit seeking a declaration that his arrest and detention by the EFCC on February 5, 2016 was a violation of his fundamental rights.

He had urged the court to order the immediate release of his two mobile phones and Mercedez Benz SUV with Registration No. KJA 700 CG confiscated by the anti-graft agency.

The judge noted since Tarfa’s two mobile phones and car  had been registered as exhibits in the criminal case before Justice Opesanwo, it would be against the interest of justice to order the EFCC to release them to him.

The judge said, “There is no doubt in my mind that the substantial part of the reliefs sought herein do have a direct bearing on the charge pending at the Lagos High Court.

“It is clear from the evidence before the court that the applicant’s mobile handset and SUV have been registered as exhibits to be tendered at the criminal proceedings. Also, the information and data retrieved from the mobile handset are to be used as evidence in the criminal charge at the Lagos High Court.

“There is a potential injustice that may befall the defendant in the prosecution of the criminal charge if this suit were to proceed to judgment and judgment were,  for instance, given in favour of the applicant. There is a strong possibility that it will signal the end of the criminal charge at the Lagos High Court.

“This court should not make orders that will strike violently at the heart of the criminal charge now pending at the Lagos High Court. For the above reasons, I am of the view that in the light of the peculiar circumstances of this case,  which is unprecedented, this is a proper case which proceedings should be stayed pending the hearing of the criminal charge at the Lagos High Court.”

Justice Idris, however, ordered the EFCC to not to do anything that would  violate Tarfa’s rights,  while the parties must ensure a speedy hearing of the criminal case.

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