The Economic and Financial Crimes Commission (EFCC) has said that it has initiated a process to set aside the order given by a High Court of the Federal Capital Territory (FCT) sitting in Maitama, Abuja, to commit its Executive Chairman, Abdulrasheed Bawa, to prison for contempt.
It noted that there was a “procedural lapse” in the contempt proceedings.
The Head of Media and Publicity of the commission, Mr Wilson Uwujaren, said in a press release on Wednesday that the commission received with shock the report of the ruling by Justice Chizoba Oji committing Bawa for contempt over the commission’s failure to comply with a November 21, 2018 order of the court directing the commission to return seized assets comprising a Range Rover (Super charge) and the sum of N40, 000,000 to the applicant.
Uwujaren said: “This ruling is surprising as it creates a wrong impression of the person of the executive chairman of the EFCC as encouraging impunity.”
He said as far as the relationship between the EFCC and the judiciary is concerned, Bawa has been “an apostle of rule of law, due process, and close collaboration between the two institutions in justice administration.”
He added: “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 N40m.
“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.”
