Justice Chizoba Oji of an Abuja High Court sitting in Maitama has ordered the remand of Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, at the Kuje Correctional Centre, for allegedly disobeying an earlier order of the court against the commission.
But EFCC, which immediately appealed the judgement, said the ruling was surprising, and created a wrong impression of Bawa as one who encouraged impunity.
In another development, the EFCC chairman appealed to the House of Representatives Committee on Anti-Corruption for additional funding for the commission’s proposed academy.
Delivering ruling in an application brought by Air Vice Marshall (AVM) Rufus Ojuawo, Oji held, “Chairman, Economic and Financial Crimes Commission is in contempt of the orders of this court made on November 21, 2018, directing the Economic and Financial Crimes Commission, Abuja, to return to the applicant his Range Rover (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira).”
In the ruling delivered on October 28, 2022, the court stated that the EFCC boss “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”.
A Certified True Copy (CTC) of the judgement, dated November 3, 2022, sighted by THISDAY, noted that the Inspector General of Police had been directed to “ensure that the order of this honourable court is executed forthwith”.
Ojuawo, a one-time Director of Operations at the Nigerian Air Force (NAF), had in a motion on notice marked: FCT/HC/M/52/2021, complained that the anti-graft agency was yet to comply with the November 21, 2018 judgement, which ordered the commission to release his seized property.
The judgement was in relation to the suit marked: FCT/HC/CR/184/2016.
Ojuawo was arraigned in 2016 on a two-count charge before Justice Muawiyah Idris of the High Court of the FCT in Nyanya, Abuja.
EFCC had accused Ojuawo of corruptly receiving gratification to the tune of N40 million and a Range Rover Sport (Supercharged) valued at N29, 250, 000 from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
But Idris, in his judgement, delivered on November 21, 2018, discharged and acquitted the defendant on the grounds that the prosecution failed to prove its case. The judge said for the charge to succeed, the prosecution must prove that the defendant corruptly accepted the gift, and that he accepted or obtained the gift for himself or for any other person.
The judge added that the prosecution also ought to prove that the defendant accepted the gift in the course of, or for discharging his official duty, and that the gift was an inducement or reward.
Idris 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.
The judge 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.
“Consequently, the complainant (EFCC) is ordered to refund the defendant his N40, 000,000 wrongly paid into ONSA recovery account and to return to the defendant, his Range Rover Sport (Supercharged) forthwith.”
However, following the refusal to comply with the judgement, Ojuawo, in the motion on notice filed by his lawyer, R.N. Ojabo, urged the court to commit the chairman or acting chairman of EFCC to prison for disobeying the order of the court made in 2018 in respect of the seized properties.
Although EFCC, through its lawyer, Francis Jirbo, had filed a counter affidavit in opposition to the request for committal to prison, its submission was rejected by the court. The judge subsequently granted the request for the arrest and imprisonment of the EFCC boss for contempt of court.
But briefing journalists later, the EFCC chairman said the commission had appealed the judgement of the FCT High Court convicting him of contempt of court for failure to comply with an earlier order of the court.
Supporting this position in a statement signed by its spokesman, Wilson Uwujaren, EFCC said it received with shock report of the ruling by Oji.
The statement said, “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 cognisance 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, Bawa, while appealing to the House of Representatives Committee on Anti-Corruption for additional funding for EFCC’s proposed academy, explained that the establishment of the academy would enable the commission to train its personnel to be a step ahead of criminals.
He said N3 billion was allocated for the project in 2021, but nothing was allocated to the commission for it in 2022.
He said he would seek the approval of the Federal Executive Council for the commencement of projects at the proposed academy.
Bawa said the commission would require at least N50 billion to execute the project, and urged the committee to allocate more funds to the commission in the 2023 budget to enable it establish the proposed EFCC academy.
Kingsley Nwezeh, Alex Enumah and Udora Orizu in Abuja
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