A Federal Capital Territory High Court has set aside the conviction of the Chairman of the Economic and Financial Crimes Commission, Abdulrasheed Bawa, for contempt.
Following a hearing on a request made by the EFCC Chairman on Thursday, Justice Chizoba Oji halted the proceedings.
The application was made in accordance with the Federal Republic of Nigeria’s 1999 constitution (as amended), Sections 6(6)(a) and 36(1), Section 91 of the Sheriffs and Civil Process Act, Cap. S6 Laws of the Federal Republic of Nigeria (2004), and other pertinent laws.
The court determined that the EFCC Chairman was not in contempt of court at the time of the order because he had complied with the directive to release the Respondent’s Range Rover and because the Applicant had started the internal process within the commission to ensure the Respondent would receive the sum of N40,000,000.
In a decision issued on Tuesday, Justice Chizoba Oji ruled that Bawa was in violation of the court’s order dated November 21, 2018, which instructed the commission to give a requester back his Range Rover (supercharged) and the sum of N40 million.
Bawa continued to disobey the order until he absolved himself of the contempt, at which point she ordered that he be committed to the Kuje Correctional Center in Abuja.
Justice Oji further instructed Usman Baba, the Inspector General of Police, to see that the court’s ruling was immediately carried out.
The judge disregarded the justifications Francis Jirbo, the EFCC’s attorney, offered to support his client’s behavior.
The EFCC Chairman responded by appealing the decision.
In a conversation on Tuesday with journalists, Bawa responded to the decision by saying that the law would follow its course.
Wilson Uwujaren, a spokesman for the anti-graft organization, added that the EFCC was “shocked” with the development.
He said in a statement on Tuesday, “The Economic and Financial Crimes Commission, EFCC, received with shock, a 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.
