EFCC seeks to set aside committal order against Chairman

The Economic and Financial Crimes Commission, EFCC, has set in motion the process for the setting aside of the judgement ordering that its Executive Chairman, Mr. Abdulrasheed Bawa, be committed to prison for contempt of court.

This is contained in a statement by Wilson Uwujaren, the Spokesman of the Commission, who said that the ruling “is seemingly promoted by misinformation.”

According to his statement, the judgement that prompted the contempt proceedings was handed out three years before Bawa, the incumbent Chairman assumed office and so far, the vehicle in question has since been handed over to the complainant while processes for payment of the N40million ordered repayed him had, also,since been put in motion.

The statement further stressed that “Abdulrasheed Bawa has been an apostle of rule of law, due process, and close collaboration” between the EFCC and the judiciary, who would not “tolerate impunity or disregard any lawful orders of court,” noting that the Commission, therefore, received the report of the commital ruling “with shock.”

Full text of the statement reads:

The Economic and Financial Crimes Commission, EFCC, received with shock, 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 order of the court directing the Commission to return seized assets comprising a Range Rover (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira) to the applicant.

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 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 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.

Wilson Uwujaren

Head, Media & Publicity

8 November, 2022