Justice Idris fixed the date after counsel representing the two party argued and adopted their written briefs. While moving his application through his counsel, Bolaji Ayorinde (SAN, Tarfa denied given Justice Mohammed Yunusa bribe but that the N225,000 he transferred to the account of the judge was a donation towards the burial of his father-in-law, late Alhaji Audi Garba Damasa. Also in a 75 paragraph further affidavit deposed on his behalf by his head of chamber, John Odubela, Tarfa averred “That the applicant did not on 7th January 2014 bribe Justice M.N Yunusa with the sum of N225,000 or any other sum at all. That it was common knowledge in legal circles that the judge lost his father in law; Alhaji Audi Garba Damasa on 28th December 2013 in Maiduguri and traveled there to attend to the funeral. “The applicant and some friends of the honourable justice made some donations towards the said funeral rites and to commiserate with the judge since they could not physically go and commiserate with him in Maiduguri where he was and stayed for a while”, he swore. Ayorinde in his oral submission also urged the court to grant his prayers. He argued that application has nothing to do with the charge at the Lagos State High Court but the arrest of the applicant without reasonable ground of suspicion. He argued that the arrest was made without a warrant of arrest or a court order, and that the suspects that the EFCC wanted to arrest were billed to honour their invitation on February 8 and wondered why they decided to come to arrest them on February 5. He insisted that they are entitled to the reliefs being sought. However, the defence counsel, Wahab Shittu asked the court to dismiss the application or in the alternative stay further proceedings pending the determination of the criminal charge at against the applicant at the Lagos High Court. Shittu insisted that the facts and circumstances of the case arose from the incidence of February 5, which has resulted in a criminal action. According to him, it is a settled law that when there are civil and criminal actions on the same facts and circumstances, the criminal action is determined first. The EFCC also filed a preliminary objection on the ground that the applicant is already facing a criminal charge as a result of the arrest. ]]>

Subscribe ToTheNigeriaLawyer News!