* Scales of Justice * Source: Iconfinder
The Economic and Financial Crimes Commission (EFCC) has filed its counter-affidavit opposing a no-case submission made by a Senior Advocate of Nigeria (SAN) Rickey Tarfa.
EFCC called five witnesses in the trial and tendered 20 exhibits.
Rather than open his case, Tarfa filed a no-case submission, contending that EFCC did not sufficiently prove the case to warrant him opening his defence.
He urged the court to dismiss the charge and discharge him on the basis that he has no case to answer
But, EFCC, in its counter-affidavit deposed to by an operative Zakari Usman, said the prosecution made out a prima facie case against Tarfa based on witness testimonies and tendered exhibits.
“The evidence of the prosecution witness is strong and un-discredited. This Honourable Court can rely on it to safely convict the applicant.The applicant has a case to answer in view of the overwhelming evidence adduced by the prosecution in the course of the applicant’s trial,” Usman said.
EFCC said in view of the evidence led by the prosecuting counsel Rotimi Oyedepo, Tarfa ought to be called upon to open his defence.
The commission urged the court to dismiss the SAN’s application that he be discharged and acquitted.
The prosecution further added that the charge was not an abuse of prosecutorial power.
“The commission did not need a petition or complaint to cause investigation to be conducted on any person who is reasonably suspected to have committed economic and financial related crimes,” the deponent said.
According to Usman, the EFCC through its officers investigated the case discretely and professionally, adding that the commission diligently prosecuted the defendant.
“The applicant is not entitled to any exemplary damages as the prosecution of this case against the applicant was not malicious.
“It will be in the interest of justice to refuse this application, more so when the evidence adduced by the prosecution against the applicant before this honourable court clearly established a prima facie case against the applicant,” EFCC said.
The court adjourned till January 17 for hearing of the no-case submission.
The defence is expected to have filed a reply to the counter-affidavit by then.
