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updated 10:20 AM UTC, Dec 13, 2023

Rickey Tarfa Files N5bn Suit Against MTN, EFCC, Falana

A Senior Advocate of Nigeria, SAN, Mr. Rickey Tarfa, has filed a N5bn suit against MTN Nigeria Limited over alleged violation of his rights to privacy.
Also joined as defendants are the Economic and Financial Crimes Commission, EFCC, its boss, Ibrahim Mustafa Magu, Mrs. Rashidatou Abdou and human rights lawyer, Femi Falana, SAN.
Tarfa is being tried by EFCC for allegedly shielding two suspects wanted for financial crimes. In an originating motion on notice brought pursuant to section 37 of the constitution, the applicant sought an order of court declaring the unauthorised act of using his iPhone 6 with mobile number 08034600000 in calling one Alhaji Ado in Kaduna on 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 unauthorised act of accessing his bank details, clients information, private and confidential information contained in the iPhone 6 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. 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 sour 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 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 The petition was later withdrawn and struck out.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 that the case lacked merit and not within the 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 with Rana Prestige Industries Limited, 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 through her lawyer, 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. 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 allegedly pressurising Mr. Nazaire to pay N250m to Mrs. Abdou to settle the matter.

Credit: National Mirror (Nigeria)

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