The Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, has been sentenced to Kuje Prison over contempt of court.
In a ruling given by Justice Chizoba Oji of Federal Capital Territory High Court Abuja on October 28, and seen by newsmen recently, Bawa was convicted of contempt of court in connection with failure of the commission to comply with a November 21, 2018 court order directing the agency it to return a Range Rover and the sum of N40 million to the applicant in a suit.
The ruling was delivered on October 28, 2022, and was on a motion on notice marked: FCT/HC/M/52/2021 filed by the former Director of Operations at the Nigerian Air Force, Air Vice Marshal Rufus Ojuawo.
Ojuawo filed a motion through his lawyer, R.N. Ojabo, in a suit marked: FCT/HC/CR/184/2016 that the EFCC had failed to comply with the court order directing it to give him back his seized property.
In 2016, the EFCC arraigned Ojuawo on two counts before Justice Muawiyah Idris of the High Court of the FCT in Nyanya for corruptly receiving gratification to the tune of N40 million and a Range Rover Sport (Supercharged) from Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
However, in a November 21, 2018 ruling, Ojuawo was discharged and acquitted by Justice Idris on the grounds that the prosecution did not prove its case.
Idris held that for the charge to fly, the prosecution must prove that the defendant accepted the gift corruptly; that he obtained the gift for himself or for any other person.
He however held that the burden was on the prosecution to prove every ingredient of the charge preferred against the defendant beyond reasonable doubt as Section 131(1) of the Evidence Act, 2011 requires.
Also, the court held that EFCC should return Ojuawo’s seized properties to him.
Justice Idris held that: “In conclusion, I hold that the prosecution has failed to prove the two counts charge of corrupt gratification under S17 (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.”
Meanwhile, EFCC did not comply with the judgement which prompted Ojuawo to file a motion in the suit marked: FCT/HC/CR/184/2016 that the EFCC had refused to comply with the court order directing it to return his seized property.
In the ruling of October 28, 2022, Justice Chizoba Oji held that: “The Chairman 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 (Supercharged) and the sum of N40, 000,000.00 (Forty Million Naira).”
The Judge consequently ordered that Bawa should be committed to prison at the Kuje Correctional Centre for his deliberate disobedience to the order of the court.
Justice Oji held: “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 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.”
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