Tarfa sues MTN, Magu, EFCC, Falana for N5bn
(Nigeria) Lagos lawyer and Senior Advocate of Nigeria, Mr. Rickey Tarfa, has instituted a fresh N5billion fundamental rights
enforcement suit against telecommunications company, MTN Nigeria Communications
Limited, for the alleged violation of his right to privacy.
Other defendants in the suit
are the Economic and Financial Crimes Commission, EFCC, its Chairman,
Ibrahim Magu, Mrs. Rashidatou Abdou and Mr. Femi Falana, SAN.
In the originating motion on notice brought pursuant to
section 37 of the constitution 1999 as amended, Article 9 of the African
Charter on Human and People's Rights (Ratification and Enforcement) Act Cap 10,
LFN,1990, the applicant sought the court for an order declaring that the
unauthorized act of using his iPhone 6 with mobile number 08034600000 in
calling one Alhaji Ado in Kaduna on mobile number 08061272929 on February
9,2016 while the said phone was with Magu and the agency without any reasonable
cause or any court order is unlawful, wrongful, illegal and a gross violation
of his rights.
Specifically, the applicant asked the court to declare that
the unauthorized act of accessing his bank details, clients information,
private and confidential information contained in his iPhone 6 with number
08034600000 and Samsung 6 phone with number 08077341616 by EFCC and Magu
without any reasonable cause or any court order is unlawful, wrongful, illegal
and a gross violation of his fundamental rights.
Besides, Rickey Tarfa asked the court to declare that the
unauthorized act of accessing the phone call records/call log of his phone with
mobile number 08034600000 by the respondents and forwarding same to Sahara
Reporters and other online news agencies without any reasonable cause, or any
court order is unlawful, wrongful, illegal and a gross violation of his rights
under the constitution.
Also attached to the motion on notice is a 134 paragraph
affidavit wherein the applicant stated that trouble began when the relationship
between his client, Ghanhoue Nazaire and 3rd respondent, Mrs. Rashidatou Abdou,
blessed with a child went soar in 2011.
Consequently, Mrs. Abdou complained of being excluded from
the management and control of Rana Prestige Industries Nigeria Limited. By
2012, she filed a minority shareholder's action in suit No: IKJ/CP/179/2012
between herself and Nazaire for winding up of the company. The petition was
later withdrawn and struck out.
Dissatisfied, she wrote another petition to the Police
Special Fraud Unit complaining about her exclusion from the company and Mr.
Nazaire was detained for a day but, when the Inspector General of Police
discovered the case lacked merit and not within scope of their power, he told
parties to settle amicably and Nazaire was released.
Meanwhile Mrs Abdou did not pay for her shares which brought
about the suit No: FHC/L/CS/1436/13 between Rana Prestige Industries Limited
and anor. Vs. Mrs Abdou Rashidatou filed to determine the legality or otherwise
of the lien placed on the petitioner's shares and the suit is pending before a
Federal High Court, Lagos.
It was while this suit was pending that Mrs. Abdou
Rashidatou through her lawyer, Femi Falana, on December 16, 2013 wrote a
petition against Mr. Nazaire to EFCC claiming that she was unlawfully excluded
from the company while her signature was forged on the various documents
including resolution and CAC form of the company.
Upon the petition, EFCC went and sealed up another company
of Mr. Nazaire, froze the company's as well as Nazaire's accounts without any
order of court. While all these were happening, the respondents did not take
the matter to court rather, EFCC and Mr. Falana were pressurising Mr. Nazaire to
pay the sum of N250 million to Mrs. Abdou to settle the matter.
It was at this point that Tarfa, SAN came into the matter
and three suits, namely: FHC/L/CS/714/2015, Adewale Adeniyi vs.EFCC and 2 Ors
for unlawful arrest and detention of the applicant (in proxy of Mr. Nazaire);
suit No FHC/L/CS/715/2015, Rana Prestige Industries and anor. Vs. EFCC and 2
Ors for unlawful sealing of the premises, detention of property without any
order of court and suit No FHC/L/CS/716/2015, Hair Prestige Limited and 3 Ors
vs. EFCC and 2 Ors for unlawful sealing of the premises, detention of property
without any order of court were filed on May 15, 2015 and the three suits
assigned to Justice Mohammed Yunusa of the Federal High Court, Lagos. The judge
heard all three suits on the merit and delivered judgments against the
respondents in the suits.
Mrs. Rashidatou through her lawyer, Falana, files a motion
of appeal against the judgment complaining of bias against the judge on the
ground of alleged communication between Tarfa SAN and the Judge.
Meanwhile the respondents are yet to file any defense and
the matter is yet to be assigned to any judge.
Comments
Post a Comment