*Highlights procedural lapse in contempt proceedings before ruling
*Insists on quasi criminal nature of contempt process with personal service
*Says Bawa was never served with Form 48, Form 49
*Affirms release of Range Rover to AVM Ojuawo on June 27
*Contempt: Court grants committal order against EFCC Chairman
The Economic and Financial Crimes Commission (EFCC) has faulted the ruling of Justice Chizoba Oji of a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, committing the Executive Chairman of the Commission, Mr Abdulrasheed Bawa, for contempt over the failure to comply with a November 21, 2018 order of the court directing the EFCC to return seized assets comprising a Range Rover (Super charge) and N40million to the applicant (AVM Rufus Adeniyi Ojuawo).
The commission further disclosed that it was surprised with ruling 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 last night to TheIdeal 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 EFCC also urged the general public to take judicial notice of the fact that Bawa has been an apostle of rule of law, due process, and close collaboration between the judiciary and the commission in administration of justice.
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.
Meanwhile, Justice Chizoba Oji of the FCT High Court has convicted Bawa for contempt of court
The EFCC chairman was convicted on Tuesday in relation to the anti-graft agency’s failure to comply with an earlier order of the court.
The court had ordered the EFCC to return a Range Rover and N40million to a former Director of Operations at the Nigerian Air Force (NAF), Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo (the applicant)
The EFCC had arraigned Ojuawo on a two-count charge before Justice Muawiyah Baba Idris of the High Court of the FCT in Nyanya in 2016.
He was accused of receiving N40million and a Range Rover Sport (Supercharged) from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
But Ojuawo in a suit filed by his lawyer, R.N. Ojabo, 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.
In the Enrollment Order of his ruling sighted on Tuesday by TheIdeal, Justice Chizoba Orji held as follows: “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 (Supercharge) and the sum of N40million.
“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.”
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