The Economic and Financial Crimes Commission (EFCC) on Friday, April 15 revealed to a Lagos State High Court sitting in Igbosere that it has in possession, electronic evidence that would convict Senior Advocate of Nigeria (SAN), Rickey Tarfa on the charge of failure to declare his assets.

Tarfa had been arraigned before Justice A. A. Akintoye on a 27-count charge including making false statements, offering gratification to a public officer and failure to declare his assets in the Assets Declaration Form.

At the resumed hearing, legal counsel to EFCC, Rotimi Oyedepo told the court that the agency had enough evidence including a video incriminating Tarfa to get a conviction.

He said: “We have electronic evidence of the defendant’s conduct. We are keeping our gunpowder dry while waiting for the trial to begin.”

The agency presented a 12 paragraph counter-affidavit sworn to by Moses Awolusi, an operative of the agency and a written address from March 21 to urge the court to disregard the request of Tarfa of lack of jurisdiction among others.

Oyedepo maintained that it was within the jurisdiction of the agency to try the lawyer for the alleged crimes adding that the EFCC is an independent commission that can investigate and prosecute any offence related to economic and financial crimes.

Tarfa’s counsel, through Idigbe, argued that the EFCC could not be the complainant, investigator, and prosecutor in the case.

Idigbe said: “We submit that this is contrary to natural justice, equity and good conscience. This is also in breach of Section 36 of the 1999 Constitution as amended, which requires that every citizen should have fair hearing, in order to guarantee the independence and impartially in every proceeding.”

“The procedure that such charge should get the Directorate of Public Prosecution (DPP)’s advice was not followed.”

Idigbe also noted that since Tarfa “is not a public official” and the Sections 172 and 209 makes a provision for compulsory declaration of assets by public officials therefore, “he charge respecting that cannot be sustained.”

On Tarfa’s refusal to declare his assets, Idigbe said that it was the state’s duty to prove its case and that the defendant had no duty to give details to the investigators.

“Any law which compulsorily asks a suspect to declare his assets must conflict with his right to remain silent,” he said.

Justice Akintoye adjourned till April 22, for ruling.