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Court Sets Aside Conviction Of EFCC Boss, Bawa For Contempt

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Abdulrasheed Bawa, chairman of the Economic and Financial Crimes Commission, has been exonerated of all contempt charges and convictions by the High Court of the Federal Capital Territory.

After hearing the EFCC Chairman's plea, Justice Chizoba Oji dismissed the proceedings on Thursday.

The application was filed in accordance with 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), and other pertinent statutes.

The court found that, at the time of the order, the EFCC Chairman was not in contempt of court as he had complied with the order that the respondent’s Range Rover be released, and by several internal memoranda, the applicant had initiated the commission’s internal mechanism to ensure the payment of the sum of N40, 000,000 to the respondent.

Contempt rulingJustice Chizoba Oji ruled on Tuesday that Bawa was in contempt of a court order issued on November 21, 2018, ordering the commission to return a Range Rover (supercharged) and N40 million to an applicant.

She further ordered that Bawa be committed to Abuja's Kuje Correctional Center for his defiance and ongoing disobedience until he purges himself of contempt.

Justice Oji additionally asked the Inspector General of Police, Usman Baba, to see that the order of this court be executed forthwith.

The judge dismissed the justifications presented by Francis Jirbo, the attorney for the EFCC, to explain his client's action.

Wrong impressionIn response, the chairman of the EFCC filed an appeal.On Tuesday, Bawa expressed the view that the law would take its course.Wilson Uwujaren, spokesman for the anti-corruption agency, stated that the EFCC got the news about Bawa with "horror."

"The Economic and Financial Crimes Commission, EFCC, received with shock a 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 court order directing the Commission to return seized assets consisting of a Range Rover (Supercharged) and the sum of N40,000,000.00 (forty million naira).

"This judgement is unexpected because it provides the false impression that the Executive Chairman of the EFCC encourages impunity." Regarding the connection between the EFCC and the judiciary, the Executive Chairman, Mr. Abdulrasheed Bawa, has been a staunch advocate of the rule of law, due process, and close coordination between the two institutions in the administration of justice. As an investigator and the only Executive Chairman of a law enforcement body who routinely appears in court, the Executive Chairman will not allow impunity or disobey court orders.

"In his capacity as Executive Chairman of the EFCC since March 5, 2022, Abdulrasheed Bawa disregarded no court decision." The public order was issued by the FCT High Court on November 21, 2018, three years before Abdulrasheed became chairman of the EFCC. This is pertinent since the contempt procedure is quasi-criminal in nature and must be served on the offender. In this case, Bawa, the current chairman of the EFCC, was not served under Sections 48 or 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 procedure for the release of the remaining N40m."

"In light of the procedural error in the contempt proceedings, the commission has begun a procedure to set aside the whole contempt proceedings and the committal of the Executive Chairman for contempt."

"Despite the discomfort of this judgment, which is evidently encouraged by disinformation, the commission remains dedicated to working closely with the judiciary in the advancement of the battle against economic and financial crimes in Nigeria."

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