Contempt: How Army, Police, EFCC, Others Are Endangering Rule Of Law
In this edition, Law & Human Rights reviews three separate committal proceedings instituted against the Chief Executive Officers of the Economic and Financial Crimes Commission, EFCC, the Nigeria Police Force and the Nigerian Army and how their refusal to comply with the court order committing them to prison is endangering the rule of law.
Between November 8 and December 2, 2022 three high court judges sitting at different locations in the country jailed the chief executive officers of the Economic and Financial Crimes Commission, EFCC), the Nigeria Police and Army for contempt.
The three judicial officers are Justice Mobolaji Olajuwon of the Federal Capital Territory High Court, Justice Halim Adbulmalik of the Niger State High Court in Minna and Justice Chizoba Oji of the Federal Capital Territory High Court in Abuja.
While Justice Chizoba Oji of the Federal Capital Territory High Court jailed the EFCC chairman, Rasheed Bawa on November 8, 2022, his counterpart, Justice Mobolaji Olajuwon of the same court jailed the Inspector-General of Police, Usman Alkali Baba on November 28, 2022. Justice Halim Abdulmalik of the Niger State High Court in Minna jailed the Chief of Army Staff, Lt. Gen. Faruk Yahaya on December 2, 2022.
The common sin of the trio was disobedience to separate subsisting court orders.
By the order of the court, the EFCC Chairman was to remain in custody indefinitely until he purged himself; the Inspector-General of Police was to cool his heels in prison for a period of three months in the first instance while the Chief of Army Staff was to share cells with common criminals for six days in the first instance. Warrants were accordingly issued against the three chief executive officers to effect their arrest but none of them were arrested.
Although the committal order issued against EFCC had since been vacated and the entire committal proceedings set aside after full compliance with the order of the court as it affected EFCC and its chairman, the IGP merely issued press statement to announce that he would appeal the judgment while the Chief of Army Staff has kept mum over his own case.
The EFCC had arraigned a retired Air Vice Marshal (AVM) and former Director of Operations at the Nigerian Air Force, NAF, Mr Rufus Ojuawo in 2016 before an FCT High Court on a two-count charge of corruptly receiving kickbacks to the tune of N40 million and a Range Rover Sport (Supercharged) valued at N29.250 million from a contractor of the Nigerian Air Force – Hima Aboubakar of Societe D’Equipment Internationaux Nigeria Limited
The matter went on full trial but the trial judge in the case discharged Mr Ojuawo in a judgement delivered on November 21, 2018 on the ground that the EFCC failed to prove that Ojuawo accepted the gifts while discharging his official responsibility as military chief, and that the gifts were inducements or rewards.
The court which held that the prosecution (EFCC) had 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
consequently ordered EFCC to refund the retired AVM Ojuawo his N40,000,000 wrongly paid into ONSA recovery account and his Range Rover Sport (Supercharged) forthwith.
But the EFCC and its chairman refused to comply with the order, a development that made Ojuawo to file a committal proceeding against them. Although, the EFCC lawyer, Francis Jirbo, tried to justify the agency’s failure to comply with the court order during the hearing of Mr Ojuawo’s application, the judge rejected the lawyer’s arguments before convicting Mr Bawa on 28 October and ordered the Inspector-General of Police to execute the warrant of arrest issued against him to serve his term.
For the IGP Alkali Baba, the case that got him jailed was filed by a former Chief Superintendent of Police with Bauchi State Command, one Mr Patrick Okoli, who was unlawfully retired from service in 1992 by the Nigeria Police Council under Decree 17 of 1984. Okoli had gone before a Federal High Court with a suit marked: FHC/ABJ/CS/637/2009, to invalidate his compulsory retirement and secure a separate court order compelling his reinstatement.
Justice Donatus Okorowo had in a judgment handed down on October 21, 2011, granted an order of mandamus compelling the IGP to reinstate Okoli as earlier directed by the Police Service Commission (PSC), as contained in its letter of May 5, 2009 (with Ref. No. PSC/CSP/01/11/295A), and to present for the recommendation of the commission, the IG’s recommendation for the promotion of the applicant from 2013 to date, among others.
However, following non-compliance with the judgment, Okoli’s counsel, Egbo, filed Forms 48 and 49 supported by affidavit before a Federal Capital Territory High Court judge, Justice Olajuwon, praying the court to convict and sentence the IGP for failing to obey court judgment
delivered by Justice Okorowo on October 21, 2011.
After hearing other parties in the committal proceedings, the court held that the IG had blatantly refused to carry out the order of the court despite being aware of it. Before the court convicted the IGP, it came down heavily on him thus:
“This court has bent backwards over and over again for the respondent. This Court even ordered that the Assistant Chief Registrar (Litigation) write to the respondent to inform him of the pendency of this matter, which he did and the proof of receipt of same in the office of the respondent is before this court.
“This court has bent backwards over and over again for the respondent. This Court even ordered that the Assistant Chief Registrar (Litigation) write to the respondent to inform him of the pendency of this matter, which he did and the proof of receipt of same in the office of the respondent is before this court.
“It is unfortunate that the chief enforcer of the law is one who has deliberately refused to comply with the same law. It is important to state that obedience to orders of court is fundamental to the good order, peace and stability of a nation.
“It is a duty which every citizen, who believes in peace and stability of the Nigerian state, owes the nation and the court has a duty to commit the individual who has failed to carry out the order of the court for contempt, so as to prevent the authority and administration of law from being brought to disrespect and to protect the dignity of the court,” she said.
According to Justice Olajuwon, the IG shall be liable to another three months jail-term if he fails to purge himself of the contempt. But instead of obeying the judgment, the Nigeria Police has said it was not aware of the court order. It however, said the IG had directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation in a bid to ascertain the position of the court and proffer informed legal advice for IG’s prompt and necessary action.
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