Tarfa, was arrested on February 5, by EFCC operatives for allegedly hiding two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon in his Mercedes Benz Sports Utility Vehicle, SUV, with the intent of shielding them from being arrested. Tarfa had filed a motion exparte for enforcement of his fundamental rights before Justice Idris on Feb. 8. Joined as respondents are: The EFCC, Mr Ibrahim Magu, Mr Moses Awolusi, and Mr Iliyasu Kwabai. Tarfa’s application is seeking an order, directing the respondents to release his mobile phones and his Mercedes Benz SUV, pending the hearing and determination of the suit. The applicant also seeks an order for substituted service of the originating motion on the respondents, as well as an order, staying all actions relating to the instant application pending the hearing of the suit. When the case was called on Friday, Mr Bolaji Ayorinde (SAN) announced appearance for the applicant alongside five other senior advocates who were present in court. Other Advocates who appeared with Ayorinde are: Dr Joseph Nwobike, Abiodun Owonikoko, Adeniyi Adegbomire, Babajide Koku and Abimbola Akeredolu. Mr Rotimi Oyedepo announced appearance for the respondents and informed the court that the respondents were not served with court processes in the instant suit. Oyedepo then expressed his willingness to receive service of the processes in court, adding that the non service was a ploy by the applicant to shut out the respondents. Following an order of court, the court bailiff, one Mr Lambo was summoned inside the court, and he effected service of the processes on the respondents at exactly 9.35 am. After service had been effected, Ayorinde then prayed the court to order that status quo be maintained in the view of the pendency of the instant suit, for which Oyedepo had now accepted service. Objecting to the application by counsel to the applicant, Oyedepo urged the court to resist the temptation of making such orders. “If my lord makes such orders, then the court would have precluded the EFCC from carrying out its lawful duties. “My lord there is already a pending charge against the applicant before Justice Opesanwo of the Lagos High court sitting in Igbosere. “If my lord grants any restraining orders with respect to this application, then the respondent would have been precluded from exercising it’s duties. “I just hope this great team of lawyers appearing for the applicant here today, will be present at the trial to also stand for him. “I urge my lord not to be tempted” he said In a swift reaction Ayorinde informed the court that it was not been cajoled into making any order foisting the powers of any court, but only to ask that staus quo be maintained. “I have listened to learned senior counsels in this suit; it is clear from the affidavit evidence before this court, that the applicant herein was served with a criminal charge in suit No LD/2417/C16 between FRN v Ricky Tarfa. “This court will not therefore in the circumstances by an order, make any other that will obstruct the free flow of that matter, I have no such jurisdiction. This is on the one hand. “On the other hand, while this suit is pending, no party shall take any step that will foist the fait accompli or render nugatory, any judgment the court will give at the conclusion of trial. “The respondent shall in the interim, have the duty of preserving the right of the applicant as guaranteed under the constitution and the African Charter on human and people’s right, pending the hearing of this application. “This suit is hereby adjourned to Feb. 19 for hearing of the substantive application,” Idris ruled Justice Idris however, ruled that the agency must respect Tarfa’s fundamental human rights.]]>