8th November, 2022
The Economic and Financial Crimes Commission, EFCC, has faulted the court order committing its Chairman, Abdulrasheed Bawa for contempt over his failure to comply with a November 21st, 2018 order directing the Commission to return a Range Rover and N40 million seized from an applicant.
Consequently, the EFCC said because of the procedural lapse in the contempt proceedings, it has initiated a process to set aside the entire proceedings and committal of Bawa.
Justice Chizoba Oji gave the order to commit Bawa to prison on Oct. 28, according to certified true copy (CTC) of the judgement made available to newsmen in Abuja on Tuesday.
The Judge gave order in her ruling in a motion against the Federal Government filed by a retired Air Force officer, Rufus Adeniyi Ojuawo/
AVM Ojuawo through his counsel, R.N. Ojabo, sought for an order committing the Chairman or Acting Chairman (or howsoever called), of EFCC to prison for his disobedience, and continued disobedience, of the order of the Court made on Nov. 21, 2018.
The order directed EFCC, Abuja to return to the Ojuawo his Range Rover (Super charge) SUV and the sum of N40 million Naira after he was declared non guilty of the graft charges against him.
But while reacting to the ruling, EFCC, in a statement by Wison Uwujaren,its Head of Media & Publicity on Tuesday evening faulted the committal order on its chairman on many fronts.
For one, EFCC said the said order of the FCT High Court was given on November 21, 2018, three years before Abdulrasheed became EFCC Chairman.
It also noted that Bawa as incumbent chairman of the EFCC, was neither served form 48 nor form 49 as required in the trial of contempt.Also, the anti-graft agency said Bawa had commenced the implementation of the court order after he became aware of it with the release of the Range Rover in question to the Applicant on the 27th of June, 2022.
The EFCC said had also 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,” EFCC said.
“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,” the Commission said.
Read the full statement by EFCC Below
EFCC Seeks to Set Aside Committal order Against Chairman
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.
Wilson Uwujaren
Head, Media & Publicity
8 November, 2022