Why Court Dismisses Contempt Case Against EFCC Boss

The Federal Capital Territory High Court in Maitama has dismissed the contempt case that led to the conviction and imprisonment of Mr. Abdulrasheed Bawa, Chairman of the Economic and Financial Crimes Commission.

The court, in a judgement penned by Justice Chizoba Orji, reversed the order in response to a motion submitted by the chairman of the EFCC.

In accordance with Sections 6(6)(a) and 36(1) of the 1999 Constitution, as amended, and Section 91 of the Sheriffs and Civil Process Act, Cap. S6 Laws of the Federal Republic of Nigeria, 2004, Bawa submitted the application on November 11.

The court stated in its decision that it was satisfied that the EFCC Chairman had not disobeyed its directives as had been claimed.

It decided that the affidavit evidence on hand demonstrated that the EFCC Chairman had followed its order to return to a former Director of Operations at the Nigerian Air Force, NAF, Air Vice Marshal, AVM, Rufus Adeniyi Ojuawo, a Range Rover Sport (Super Charge) vehicle valued at N40 million that the anti-graft agency had seized from him.

According to Justice Orji, the Applicant (Bawa) also started the Commission’s internal system to secure the payment of the N40,000,000.00 that was also confiscated from Ojuawo in various internal memos that were made accessible to the court.

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Consequently, it voided the contempt case against the EFCC boss.

Recall that on November 21, 2018, Justice Orji ordered the Commission to give the exotic car back to AVM Ojuawo, who was in court at the time.

For allegedly accepting N40 million and a Range Rover Sport from one Hima Aboubakar of Societe D’Equipment Internationalnaux Nigeria Limited, the former NAF Director of Operations was docked before trial judge Muawiyah Baba Idris of the High Court of the FCT at Nyanya in 2016.

He was charged criminally with two counts.

In 2018, the top court mandated that the defendant receive his seized vehicle back after the defendant brought a second lawsuit against the Commission.

However, four years after the order was issued, the defendant’s attorney, Mr. R.N. Ojabo, alerted the court to the fact that the EFCC had not yet complied with it.

As a result of the EFCC Chairman’s willful disregard for an ongoing court order, Justice Orji, alarmed by the development, ordered his arrest and detention.

Justice Orji held, a ruling she vacated on Thursday., “The Chairman of the 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 (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira).

“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.”