A Federal High Court in Lagos on Monday reserved ruling till March 22 on whether or not to allow Mr Ricky Tarfa (SAN), adduce fresh facts in his enforcement of fundamental rights suit before it.
The applicant had on Feb. 8, filed the fundamental rights suit before Justice Mohammed Idris.
Tarfa joined the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu, Mr Moses Awolusi, and Mr Iliyasu Kwabai, as co-respondents.
He is seeking an order, directing the respondents to release to him, his mobile cell phones and his Mercedes Benz Suv while still on trial.
At the resumed hearing on Monday, the applicant’s Counsel, Mr Bolaji Ayorinde (SAN), informed the court that his client had filed an application seeking to adduce further and better affidavit in the suit.
Ayorinde argued that granting the application would not prejudice the respondents position in the matter.
He informed the court that the said account into which the said N225,000 was allegedly paid in favour of Justice Mohammed Yunusa, did not belong to the judge but a different person.
“My lord, this application is not to arrest the judgment of this court, but it’s simply to assist the court by making material facts available.
“Nothing stops my lord from admitting this further and better affidavit since it is for the assistance of the court,’’ Ayorinde said.
Meanwhile, Counsel to the respondents, Mr Wahab Shittu, opposed the application, and urged the court to refuse the applicant’s request.
Shittu argued that the position of the law was clear on the matter, saying that fresh facts could only be raised at the hearing of a suit and not when judgment had been reserved.
“The law is settled that the court must exercise its discretion judicially and judiciously; in my view such application sought by the applicant is not permissible as it is aimed at arresting the judgment of this court.
“I urge the court to courageously refuse this application on the grounds that the authority of the court must not be taken for granted,’’ Shittu said.
After listening to parties, the Judge adjourned ruling in the application till March 22.
In his earlier affidavit, the applicant averred that he was whisked away by operatives of the first respondent on Feb. 5 at court room No 2 of honourable justice O.O Oke of the Lagos High Court, Igbosere.
Tarfa said that the respondent alleged that the applicant was under arrest for obstructing the course of justice.
He averred that he was forced to drive in the convoy of the respondent to its office at No 15A Awolowo Road, Ikoyi.
The applicant said he was subjected to rigorous interviews under camera, and asked about his relationship with Justice Mohammed Yunusa of the Federal High Court, Lagos.
The applicant averred that he was also asked about the alleged telephone conversations between him and the judge, in respect of the complaint of bias.
He averred that he was kept in the respondent’s custody from Feb. 5 to Feb. 7 and his cell phones as well as his Mercedez Benz SUV seized.
The applicant, therefore, stressed that it would be in the interest of justice to grant the reliefs sought as contained in the motion paper.