Court remands EFCC chairman in prison for contempt

Justice Chizoba Oji of the FCT High Court has ordered the Economic and Financial Crimes Commission chairman, Abdulrasheed Bawa, to be committed to prison for contempt.

The judge also instructed Usman Baba, Inspector-General of Police, to ensure the committal order be carried out.

Mr. Oji issued the order on October 28, and a certified true copy (CTC) was provided to media in Abuja.

Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo filed a motion dated FCT/HC/M/52/2021 against the federal government in the FCT/HC/CR/184/2016 lawsuit.

Mr. Ojuawo, through his attorney R.N. Ojabo, requested that the EFCC chairman be committed to prison for the agency’s disobedience and continuous disobedience of a court order issued on November 21, 2018.

The court concluded, after reviewing the motion on notice and the supporting affidavit, as well as the counter affidavit produced by the respondent and the arguments of EFCC attorney Francis Jirbo, that:

“It is hereby ordered as follows that the chairman, Economic and Financial Crimes Commission is in contempt of the orders of this honourable court made on November 21, 2018, directing the EFCC to return to the applicant his Range Rover (Super Charge) SUV and the sum of N40,000,000.00 (Forty Million Naira).

“That having continued to wilfully in disobedience to the order of this court, that he be committed to prison at Kuje Correctional Centre for his disobedience, and continued disobedience if the said order of court made on November 21, 2018, until he purges himself of the contempt.

“That the Inspector-General of Police shall ensure that the order of this honourable court is executed forthwith.”

Mr Ojuawo, a former Chief of Expo, Nigeria Air Force (NAF), was, on November 21, 2018, discharged and acquitted by Justice Muawiyah Baba Idris, sitting at Nyanya, Abuja.

He was arraigned on a two-count charge bordering on gratification in the suit marked FCT/HC/CV/184/2016, brought against him by the EFCC.

The one-time NAF director of operations was accused of corruptly receiving gratification to the tune of N40 million and a Range Rover Sport (Supercharged) from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited. He pleaded not guilty.

According to the anti-graft agency, the offence was contrary to section 17(a) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17(c) of the same act.

Justice Idris held that EFCC failed to call Ms Aboubakar, who he described as a vital and material witness to its case, saying that this was fatal.

He further held that the prosecution did not file any charge against Ms Aboubakar, who allegedly gave the N40 million gratification.

He, therefore, held that for its failure to call Ms Aboubakar, the prosecution failed to prove the two-count charge against Mr Ojuawo.

While discharging and acquitting the defendant, the judge ordered the N40 million and the Range Rover vehicle to be paid and returned to him immediately.

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