Fighting against corruption globally is not an easy task. History has shown that those charged with the responsibility are faced with several mountains of troubles, writes Tobias Lengnan Dapam
Recently, two separate courts have called for the arrest of the Chairman of Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, for allegedly disobeying court orders.
The courts also directed the Inspector-General of Police, Usman Baba, to effect Bawa’s arrest and remand him in Kuje prison until he purges himself of the contempt.
Justice R.O. Ayoola of the Kogi State High Court, in his judgment, granted the application for committal to prison of the EFCC chairman for disobeying a court ruling delivered on November 30, 2022, wherein the EFCC chairman was directed to produce the applicant in the case, Ali Bello.
Bello had dragged Bawa to court for arresting and detaining him illegally, with the court ruling in his favour, only for the EFCC to arraign him for alleged money laundering three days after the ruling.
The EFCC’s applications for setting aside and stay of execution of the ruling were refused for want of merit.
The court had, in Form 49, Order IX, Rule 13, marked, ‘HCL/697M/2022’ and titled, ‘Notice to Show Cause Why Order of Committal Should not be Made,’ asked the EFCC chairman to appear before it on January 18, 2022 to explain why he should not be jailed for flouting the order given on December 12, 2022 in a case filed by Ali Bello against the EFCC and Bawa, as the 1st and 2nd respondents, respectively.
The court ordered that the EFCC and Bawa be served the motion of notice together with Form 49 by substituted means.
Similarly, Bawa, was again sentenced by Justice Chizoba Oji of the Federal High Court, Maitama, Abuja, over the failure of the Commission to obey a court order issued on November 21, 2018, to return a Range Rover and the sum of N40, 000,000.00 belonging to a defendant in a case.
The defendant is a former Director of Operations at the Nigerian Air Force (NAF), Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo.
Ojuawo was arraigned on a two-count charge before Justice Muawiyah Baba Idris of the High Court of the FCT in Nyanya in 2016.
He had allegedly received N40 million and a Range Rover Sport (Supercharged) from one Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited.
Ojuawo’s Counsel , Mr. R.N. Ojabo, had drawn the attention of the court to the fact that the EFCC had not complied with the order to return both the vehicle and the said amount.
The judgment read by Justice Chizoba reads: ” 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 (Super charge) and the sum of N40, 000,000.00 (Forty Million Naira).
“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.”
Also on Tuesday, frontline Anti-corruption Civil Society Organisations (CSOs) submitted a petition to the Lagos State House of Assembly, as their protest for removal of the EFCC Chairman, Mr Abdulrasheed Bawa entered day four.
The coalition of CSOs, which began a weeklong protest in Ikeja on Sunday, on Tuesday took the protest to the assembly and submitted a petition against the Economic and Financial Crimes Commission (EFCC) boss.
They alleged that the EFCC under Bawa had politicised operations and had perchant for disobeying lawful court orders and infringement on human rights.
The coalition, comprising scores of anti corruption CSOs on Sunday started daily protests at Ikeja, calling for the sack of the EFCC chairman.
The activists, who marched through the streets of Ikeja on Tuesday and converged on the Lagos state house of assembly, Alausa, noted that the majority of Nigerians were intelligent people, who could easily differentiate between a genuine cause by the EFCC and sponsored ones.
Vowing not to be intimidated, the protesters added that there was no going back on the call for Bawa’s removal.
A leader of the coalition and Director, Activists for Good Governance, Mr Declan Ihekaire, alleged that the activists had uncovered plans by some supposed CSOs to discredit the coalition’s genuine cause.
“We are waiting for them. We don’t expect them to fold their arms. But no amount of falsehood can cover the truth.
“We have been on this struggle for close to a week now. All what we want is for Bawa to leave that office so the commission can be sanitised.
“He that comes to equity must come with clean hands,” Ihekaire said.
According to him, there are still God-fearing EFCC officials.
Spokesperson for the Transparency and Accountability Group, Mr Ayodeji Ologun, who spoke shortly after protesters arrived at the assembly, said that EFCCshould be seen to respect court orders, respect the rule of law and believe in fair hearing.
Ologun said: “What we are agitating against is his disobedience of the courts and the brazen politicisation of the EFCC.
“The IGP should immediately effect his arrest in line with the court ruling.
“Before Bawa can appeal against a court order sending him to prison, he must obey the order first. This is settled in law.
“Recently, the Court of Appeal, Abuja Division, directed ASUU to first comply with an order of the National Industrial Court ( NIC) directing them to suspend their strike before their appeal could be heard.
“Also, just last week, the EFCC itself arrested a senator for refusing to go to prison after he was sent there by the Federal High Court. This is despite his appeal against his sentence.”
“Appeal or no appeal, Bawa must report to Kuje prison. His appeal can’t be heard until he complies with the valid court ruling sending him to prison.”
He disclosed that the CSO leaders were at the assembly to submit a petition on Bawa’s disobedience of court orders and the politicisation of the EFCC to the National Assembly through the Speaker of the state assembly.
Another activist, Mrs Funmilayo Ajayi of the Community Women Initiative, added: “All we are telling him is obey our courts, let us preserve the integrity of our legal system.
“If the head of a frontline anti-corruption agency is being controlled by a few people in the political space, and he is breaking the law with impunity, it portends danger for our democratic system and the wellbeing of the society at large.”
But Abdulrasheed Bawa, chairman, Economic and Financial Crimes Commission (EFCC), said on Tuesday that those under probe by the commission were orchestrating the call for his sack.
Bawa said at a news conference in Abuja in reaction to what he termed “sponsored campaign of calumny against him by a civil society organisation.”
Bawa, who spoke through Wilson Uwujaren, the EFCC’s image maker, said he would not be distracted by the antics of the group.
According to him, the group has through press conferences and street protests called for his sack over alleged disobedience of court orders.
He said that the campaign of calumny would fail and urged the public to disregard the group.
“Contrary to these claims, the EFCC wishes to alert the public that this group has no interest in the fight against corruption. Their allusion to disobedience of court orders by the EFCC chairman is an alibi to manipulate facts around judicial pronouncements and processes to pitch the public against the commission.
“Information available to the commission indicates that the group is sponsored by persons under investigation by the commission.
“And have been mobilised and mandated by their paymaster to embarrass the person of the chairman through choreographed street protests across the country, until he is removed from office,” he said.
Bawa explained that the group found its voice after the EFCC launched an investigation into the mindless looting of the treasury of one of the states in the country.
The EFCC boss said the same group had shouted that the commission lacked the power to investigate the theft of the state’s resources.
“EFCC appeals to the public to disregard the campaign by this group as they do not represent the genuine interest of millions of Nigerians who are desirous of seeing progress in the fight against corruption.
“We want to assure Nigerians that the EFCC will not be distracted by this campaign of calumny as we believe that this agenda will fail.
“It is also important to reassure Nigerians and all stakeholders that the commission has never, and will not take any step to undermine the judiciary.
