*Says EFCC boss complies with order on release of seized Range Rover
Citing incontrovertible evidence before the court, Justice Chizoba Oji of the Federal Capital Territory (FCT) High Court in Abuja, on Thursday, set aside her previous committal order against the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Abdulrasheed Bawa, for contempt and nullified the entire committal proceedings against the EFCC boss.
Justice Orji had on Tuesday made a pronouncement and convicted Bawa for contempt of court.
But ruling in an application by Bawa on Thursday, Justice Oji set aside her committal order of October 28, which ordered the Inspector-General of Police to arrest the EFCC boss with a view to incarcerating him at Kuje prison in Abuja.
In the application dated November 10, Bawa urged the court to take a judicial notice of the fact that the application was brought pursuant to Section 6(6) (a) and Section 36(1) of the 1999 Constitution (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.
The EFCC boss therefore urged the court to quash his conviction accordingly.
In her ruling on the application, Justice Oji held that she was satisfied that the EFCC Chairman did not disregard the court’s orders, asking him to release seized assets belonging to Air Vice Marshal Rufus Ojuawo (rtd).
The judge further held that evidence before her showed Bawa had complied with the court’s order, directing the EFCC to return a Range Rover Sport vehicle valued at N40 million, which it confiscated from Ojuawo, a former Director of Operations at the Nigerian Air Force.
The judge then said, “I hereby set aside the entire contempt proceedings in Suit No. FCT/HC/CR/184/2016 between the Federal Republic of Nigeria v AVM Rufus Adeniyi Ojuawo.
“That I further set aside the conviction of the applicant, the Executive Chairman, Economic and Financial Crimes Commission (EFCC).”
But the EFCC has faulted the ruling of Justice Oji on the grounds that the development is portraying a wrong impression on the personality of Bawa as an individual encouraging impunity.
In a statement made available on Tuesday night by its Head of Media and Publicity, Mr Wilson Uwujaren, the EFCC also disclosed that necessary steps have been taken to appeal the ruling and set aside the committal order.
Faulting the procedural lapse in the contempt proceedings, the EFCC stated that since the contempt process is quasi criminal in nature with emphasis on personal service, it insisted that Bawa was never served with Form 48 and Form 49.
The statement reads in part, “ 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 21, 2018 had released the Range Rover in question to the Applicant on June 27, 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.”
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