EFCC chair: Why I can’t go to prison for contempt

The Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, has said he did not disobey the order of the court directing the anti-graft agency to return seized assets comprising a Range Rover (Supercharge) and N40 million to the applicant.

An Abuja High Court sitting in Maitama had convicted Bawa for contempt of court.

The EFCC chairman was convicted on Tuesday in relation to the commission’s failure to comply with an order of the court directing the anti-graft agency to return to an applicant, a former Director of Operations at the Nigerian Air Force (NAF), Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo, his Range Rover, and N40 million.

However, the EFCC Chairman, in a statement issued on Tuesday by the spokesperson of the anti-graft agency, Wilson Uwujaren, said Bawa did not disregard any order of court, noting that the order of the FCT High Court was given on November 21, 2018, three years before he became the EFCC Chairman.

Uwujaren stated that the contempt process was “quasi criminal” in nature and must be served on the person involved.

He noted that Bawa, upon being aware of the November 21, 2018 order, had released the Range Rover to the applicant on June 27, 2022, adding that the EFCC Chairman has approved the process of the release of the remaining N40 million.

The statement read: “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 (Supercharge) and the sum of N40,000,000.00 (Forty Million Naira) to the applicant.

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“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 N40 million.

“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,” Uwujaren stated.

The Star