The Chairman of the Economic and Financial Crimes Commission, Mr. Abdulrasheed Bawa, has escaped spending time in Kuje Prison after the High Court of the Federal Capital Territory in Abuja which ordered his committal on Tuesday reversed itself on Thursday.
It set aside the contempt proceedings and all the directives of conviction after hearing an application brought by Bawa.
The application was brought pursuant to Section 6(6) (a) and Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 91 of the Sheriffs and Civil Process Act, Cap S6 Laws of the Federal Republic of Nigeria 2004 and other relevant enactments.
According to the court, at the time of the order, Bawa was not in contempt of court as he had complied with the order that the respondent’s Range Rover be released and by several internal memoranda, the applicant had initiated the EFCC’s internal mechanism to make the payment of the sum of N40,000,000 to the respondent.
Following what it describes as a procedural error, the Economic and Financial Crimes Commission (EFCC) says it has initiated a process to set aside the entire contempt proceedings and committal of its Executive Chairman, Mr. Abdulrasheed Bawa, to Kuje Prison to set aside the entire contempt proceedings and committal of the Executive Chairman for contempt for contempt.
Recall that a Federal Capital Territory High Court on Tuesday ordered that the EFCC boss be committed to the Kuje Custodial Centre for ignoring a four years old court order that a Range Rover car and N40 million belonging to an Air Force general, Air Vice Marshal Rufus Ojuawo, be returned to him.
In a statement on Tuesday, the commission said it received the committal of Bawa with shock.
Everyday.ng reports that Justice Chizoba Oji, held on Tuesday that: “the Chairman Economic and Financial Crimes Commission is in contempt of the orders of this honourable court made on November 21st 2018 directing the Economic and Financial Crimes Commission, Abuja to return to the applicant his Range Rover (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira).
“Having continued wilfully in disobedience to the order of this court, he should be committed to prison at Kuje Correctional Centre for his disobedience, and continued disobedience of the said order of court made on November 21st, 2018, until he purges himself of the contempt.
The Inspector-General of Police shall ensure that the order of this honourable court is executed forthwith.”
She rejected the arguments of the lawyer to the EFCC, Francis Jirbo, to justify his client’s action.
The ruling was on a motion on notice marked: FCT/HC/M/52/2021 filed by Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo, a one-time Director of Operations at the Nigerian Air Force (NAF).
Ojuawo had in the motion filed by his lawyer, R.N. Ojabo, in a suit marked: FCT/HC/CR/184/2016 complained that the EFCC declined to comply with the order, for the release of his seized property, made by the court in a judgment delivered on November 21, 2018.
He was accused of corruptly receiving gratification to the tune of N40million and a Range Rover Sport (Supercharged) valued at N29,250,000 from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
But, in a judgment on November 21, 2018, Justice Idris discharged and acquitted Ojuawo on the grounds that the prosecution failed to prove its case.
Responding to the committal, the commission in a statement by its spokesman, Mr. Wilson Uwujaren, said: “The Economic and Financial Crimes Commission, EFCC, received with shock, report of the ruling by Justice Chizoba Oji of a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja committing the Executive Chairman for contempt over the failure to comply with a November 21st, 2018 order of the court directing the Commission to return seized assets comprising a Range Rover (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira) to the applicant.
“This ruling is surprising as it creates a wrong impression of the person of the Executive Chairman of the EFCC as encouraging impunity. As far as the relationship between the EFCC and the judiciary is concerned, The Executive Chairman, Mr. Abdulrasheed Bawa has been an apostle of rule of law, due process, and close collaboration between the two institutions in justice administration. As an investigator, and the only Chief Executive of a law enforcement agency who regularly goes to court, the Executive Chairman will not tolerate impunity or disregard any lawful orders of court.
“Abdulrasheed Bawa, in his capacity as Executive Chairman of the EFCC since March 5, 2022, did not disregard any order of court. For the benefit of the public, the said order of the FCT High Court was given on November 21, 2018, three years before Abdulrasheed became EFCC Chairman. This fact is germane as the contempt process is quasi criminal in nature and must be served on the person involved. In this case, Bawa as incumbent chairman of the EFCC, was neither served form 48 nor form 49.
“Despite this fact, the Executive Chairman, upon being aware of the said order of November 21st 2018 had released the Range Rover in question to the Applicant on the 27th of June, 2022 and had approved the process of the release of the remaining N40m.
“Taking into cognizance the procedural lapse in the contempt proceedings the commission has initiated a process to set aside the entire contempt proceedings and committal of the Executive Chairman for contempt.
“Despite the discomfort of this ruling which is seemingly promoted by misinformation, the commission remains committed to working closely with the judiciary in furtherance of the fight against economic and financial crimes in Nigeria.”