ASENIOR Advocate of Nigeria, Mr. Rickey Tarfa, has filed a N5 billion suit against the telecommunication giant, MTN Nigeria, over the alleged act of violation of his rights to privacy at the Federal High Court, Lagos.
Joined, as respondents in the suit, are the Economic and Financial Crimes Commission (EFCC), its boss, Ibrahim Mustafa Magu, Mrs. Rashidatou Abdou and a Lagos lawyer, Femi Falana (SAN).
The originating motion on notice was brought pursuant to Section 37 of Nigeria’s 1999 Constitution (As amended) and Article 9 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap 10, LFN, 1990. The applicant is therefore asking the court for an order declaring that the unauthorised 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 unauthorised act of accessing his bank details, client’s 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, Tarfa asked the court to declare that the unauthorised 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 third 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 The petition was later withdrawn and struck out.
And 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.