EFCC Says Conviction Of Its Chairman Shocking, Embarrassing

By Adesina Soyooye

The Economic and Financial Crimes Commission, EFCC, says it finds the conviction of its Chairman, Abdulrasheed Bawa, embarrassing. It also said it found the situation shocking, as it is a presentation of Bawa as one who encourages impunity.

The Commission was reacting to the Committal to the Kuje Correctional Centre of Bawa by an FCT High Court Judge, the Honourable Justice Chizoba Oji for contempt.

In committing Bawa to prison, the the Judge said that the “Chairman of the Economic and Financial Crimes Commission is in contempt of this Honourable Court made on November 21, 2018, directing the EFCC to return the sum of N40,000,000  to return to the Applicant” Air Vice Marshall  Rufus Ojuawo, rtd,  a former Director of Operations at the Nigerian Air Force.

She said: “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.”

Bawa was not the Chairman of the Commission when the order was made. The Commission’s Chairman then was Ibrahim Magu, a retired Assistant Inspector General of Police who was eased out of the Commission in controversial  circumstances.

But in a statement, Tuesday night, signed by its Spokesperson, Wilson Uwajaren, the Commission said that Bawa was already implementing the Court order by releasing the Range Rover to Ojuawo  since June, and has also approved that the sum of N40,000,000 be refunded to him.

The statement reads: “This ruling is surprising as it creates a wrong impression of the person of the Executive Chairman  of the EFCC as encouraging impunity.

“As far as the relationship between the EFCC and the Judiciary is concerned, the Executive Chairman, Mr Abdulrasheed Bawa, has been an apostle of the rule of law, due process and close collaboration between the two institutions in justice administration.

“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 of any lawful orders of Court.

“Abdulrasheed Bawa in his capacity as the 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 Bawa became the  EFCC Chairman.

“This point is germane as the contempt process is quasi criminal in nature and must be served on the person involved. In this case, Bawa as the 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 Court order of November 21, 2018, had released the Range Rover in question to the Applicant on June 27, 2022 and had approved the process of the release of the remaining N40m.

“Taking into cognisance 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.”

The EFCC had arraigned Ojuawo on a two-count charge in 2016 before the Honourable Justice Muawiyah Idris. He was accused of corruption in form of taking kickbacks to the tune of N40,000,000 in addition to the Range Rover, Super Charge which valid was put at N29,250m from an Airforce Contractor.

Justice Idris discharged and acquitted the Air Force Chief on November 21, 2018, for want of evidence. He emphasised that the EFCC was unable to prove that Ojuawo received any kickbacks from the Contractor, Société D’Equipment Internationaux Nigeria Ltd.