Justice Chizoba Oji of the Federal Capital Territory (FCT) High Court has set aside the conviction of Abdulrasheed Bawa, the Chairman of the Economic and Financial Crimes Commission (EFCC).
The judge on Thursday nullified her earlier order of conviction following an application brought before the court by Bawa.
Recall that she had earlier convicted Bawa for failing to obey a court order made on November 21 2018, which directed the EFCC to return the sum of N40 million and a Range Rover to an applicant.
Bawa’s Application: The EFCC boss had brought the application pursuant to Section 6(6) (a) and Section 36(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), Section 91 of the Sheriffs and Civil Process Act, Cap S6 Laws of the Federal Republic of Nigeria 2004 and other relevant enactments.
He urged the court to set aside its earlier decision as he had already complied with the court’s order.
Judge’s findings: In her ruling, Justice Chizoba held that the new evidence before her showed that Bawa was not in contempt of the court, at the time she gave the order.
She found that Bawa had already directed the return of the Range Rover Sport vehicle to the applicant, Mr Rufus Ojuawo. Consequently, she ruled thus:
“I hereby set aside the entire contempt proceedings in Suit No. FCT/HC/CR/184/2016 between the Federal Republic of Nigeria v AVM Rufus Adeniyi Ojuawo.
“That I further set aside the conviction of the applicant, the Executive Chairman, Economic and Financial Crimes Commission, for contempt unconditionally.”
The Backstory: In 2016, The EFCC arraigned Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo, a one-time Director of Operations at the Nigerian Air Force (NAF) on a two-count charge bordering on corruption.
The EFCC accused him of illicitly receiving N40 million gratification and a Range Rover Sport (Supercharged) one Hima Aboubakar of Societe D’Equipement Internationaux Nigeria Limited.
During investigations, the EFCC seized his properties alleged to have been corruptly received.
However, the court discharged and acquitted Mr Ojuawo of the charges proffered against him by EFCC.
On November 21, 2018, the court held that the prosecution failed to prove its case. Consequently, the judge discharged and acquitted Mr Ojuawo of the charges and ordered EFCC to return his seized properties.
The judge held that EFCC failed to prove that Ojuawo either corruptly accepted the gifts from anyone or accepted the gift in the course of discharging his official duty.
After four years of not receiving his property as ordered by the court, Mr Ojuawo approached the court again seeking an order compelling EFCC to release them to him.
The court consequently convicted the EFCC boss for failing to obey the order of the court made in 2018.
