A Federal High Court in Lagos on Monday reserved ruling till March 22 on whether or not to allow Mr Rickey Tarfa (SAN) adduce fresh facts in his enforcement of fundamental rights suit before it, Daily Independent reports.
The applicant had on February 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.
