An FCT High Court sitting at Maitama, Abuja has set aside the contempt proceeding that led to the conviction for contempt and committal to prison of the Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Abdulrasheed Bawa.
Justice Chizoba Orji, in a judgment delivered on Thursday, vacated the order, following an application filled by the EFCC boss.
Bawa filled the application in pursuant to Section 6(6) (a) and Section 36(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), Section 91 of the Sheriffs and Civil Process Act, Cap S6 Laws of the Federal Republic of Nigeria 2004.
In its ruling, the court said it was satisfied that the EFCC boss did not disobey its orders as alleged, adding that the the EFCC boss was not in contempt of court as having complied with the order of the court.
The court held that affidavit evidence before it, proved that the EFCC Chairman had complied with its directive that a Range Rover Sport (Super Charge) vehicle valued at N40million, which the anti-graft agency seized from a former Director of Operations at the Nigerian Air Force, NAF, Air Vice Marshal, AVM, Rufus Adeniyi Ojuawo, be returned to him.
Justice Orji held that by several internal memoranda that was made available to the court, the Applicant (Bawa), had also initiated the Commission’s internal mechanism to ensure the payment of the sum of N40, 000,000 that was also seized from Ojuawo.
Consequently, it voided the contempt case against the EFCC boss.
It will be recalled that Justice Chizoba Oji, in a ruling on Tuesday, had held that Bawa was in contempt of the order of the court made on November 21, 2018, directing the commission to return to an applicant, AVM Ojuawo, who was facing trial, his Range Rover (super charge) and the sum of N40 million.
Ojuawo was in 2016, arraigned on a two-count criminal charge and docked before trial Justice Muawiyah Baba Idris of the High Court of the FCT at Nyanya for allegedly receiving N40m and a Range Rover Sport, from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
However, four years after the order was made, counsel to the defendant, Mr. R.N. Ojabo, drew attention of the court to the fact that EFCC had yet to comply with it.
Justice Oji ordered that Bawa should be committed to prison at Kuje Correctional Centre Abuja for his disobedience, and continued disobedience of the said order until he purges himself of the contempt.
She further directed the Inspector General of Police, Usman Baba to ensure that the order of this court is executed forthwith.
“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”, the court held.
However, Justice Orji vacated the rulling on Thursday
