Court Conviction Of EFCC Boss For Contempt: We’re Not Aware Of Any Court Order, Says Police
Bawa: We’ve Appealled
THE Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, has disclosed that the commission has appealed the order of an Abuja High Court convicting him of contempt and ordering his remand at the Kuje Correctional centre in the Federal Capital territory (FCT) for contempt.
Reacting to the order on Tuesday, November 8, 2022 by Justice Chizoba Orji, Bawa, in a chat with journalists shortly after he appeared before the House of Representatives Committee on Anti-Corruption to defend his agency’s budget, Bawa said: “Well, we’ve appealed against it, so we’ll allow the natural course of law to take its effect.”
Meanwhile, spokesman of the Nigeria Police Force (NPF), Olumuyiwa Adejobi, said the Inspector General of Police (IGP) was not aware of the Order for the execution of the court ruling as at Tuesday evening, saying: “Honestly, IG is not aware. We’re not aware of any court order.”
Justice Orji had on Tuesday convicted Bawa over the agency’s failure to comply with an earlier order of the court to return to a defendant and former director of Operations at the Nigerian Air Force (NAF), Air Vice Marshal Rufus Adeniyi Ojuawo, his Range Rover (Supercharged) SUV and N40million.
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 for receiving N40million and the Range Rover from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
But in a judgment on November 21, 2018, Justice Idris discharged and acquitted Ojuawo on the grounds that the prosecution failed to prove its case.
The Judge held that for the charge to succeed, the prosecution must prove that the defendant corruptly accepted the gift; that he accepted or obtained the gift for himself or for any other person, noting 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.
“In conclusion, I hold that the prosecution has failed to prove the two counts charge of corrupt gratification under Section 17 (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,” Justice Idris said.
Following the failure of the anti-graft agency to comply with the Order, Ojuawo, in a suit filed by his lawyer, R.N. Ojabo, before Justice Orji, 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.
The Judge in the October 28 ruling, ordered the EFCC to release the property and sais sum of money forthwith.
On Tuesday, while ruling on a motion on notice filed by Ojuawo, complaining that the EFCC declined to comply with the court Order of November 21, 2018 for the release of his seized property, the presiding Judge convicted Bawa for contempt.
Justice Orji, in her ruling, rejected the arguments put forward by the lawyer to the EFCC, Francis Jirbo, to justify his client’s action, insisting Bawa was in contempt of the orders of the court directing the commission to return to the applicant, his Range Rover and N40million.
According to Justice Orji: “Having continued willfully 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 21, 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.”
