A High Court sitting in Abuja Tuesday convicted the Chairman of the Economic and Financial Crimes Commission, Abdulrasheed Bawa, of contempt of court.
The conviction was in relation to the failure of the anti-graft agency to comply with a November 21, 2018 court order directing it to return a Range Rover and the sum of N40 million to the applicant in a suit.
In his ruling, Justice Chizoba Oji held 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 (Supercharged) and the sum of N40, 000,000.00 (Forty Million Naira).
“Having continued willfully in disobedience to the order of this court, he should be committed to prison at Kuje Correctional Centre for his 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.”
The 2018 ruling
The ruling, which was delivered October 28, 2022, was on a motion on notice and marked: FCT/HC/M/52/2021 filed by a one-time Director of Operations at the Nigerian Air Force, Air Vice Marshal Rufus Ojuawo.
Ojuawo had, through his lawyer, R.N. Ojabo, filed a motion, in a suit marked: FCT/HC/CR/184/2016 that the EFCC refused to comply with the court order directing it to release his seized property.
The EFCC had arraigned Ojuawo on two counts before Justice Muawiyah Idris of the High Court of the FCT in Nyanya in 2016.
The NAF chief was accused of corruptly receiving gratification to the tune of N40 million and a Range Rover Sport (Supercharged) from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
In a November 21, 2018 ruling, however, Justice Idris discharged and acquitted Ojuawo on the grounds that the prosecution failed to prove its case.
Idris had held that for the charge to succeed, the prosecution must prove that the defendant corruptly accepted the gift; that he accepted or obtained the gift for himself or for any other person.
He held that the burden was on the prosecution to prove all ingredients of the charge preferred against the defendant beyond reasonable doubt as required under Section 131(1) of the Evidence Act, 2011.
Justice Idris had said: “In conclusion, I hold that the prosecution has failed to prove the two counts charge of corrupt gratification under S17 (1) (a) and (c) of the Corrupt Practices and Other Related Offences Act, 2000.
“The defendant is discharged and acquitted on counts one and two of the charge.”
EFCC appeals
In its reaction, the EFCC described the court judgement sentencing its chair to prison as shocking.
Spokesman of the commission, Mr Wilson Uwujaren, in a statement Tuesday said the “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.”
