By Friday Idachaba, Lokoja.
KOGI State High Court sitting in Lokoja has ordered that chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, be remanded in Kuje Prison for the next 14 days for disobeying Court order.
The court also directed the Inspector-General of Police to effect Bawa’s arrest and remand him in kuje prison for the next 14 days “until he purges himself of the contempt.”
Justice Rukayat Ayoola of Kogi High Court gave the order in her judgement delivered on Monday following an application for commital to prison of the EFCC chairman for disobeying a court ruling delievered on November 30, 2022.
The applicant in the suit, Ali Bello, had dragged Bawa to court for arresting and detaining him illegally, without being informed of the offence for which he was arrested.
The Court had ruled in his favour of the applicant and ordered the respondents to tender an apology to the applicant in a national newspaper and awarded N10 million compensation for him.
The however applied for stay of execution of the ruling and went ahead 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, 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.
Bawa’s appearance was to enable him explain why he should not be jailed for flouting the order given on December 12, 2022 in a case filed by Ali Bello against EFCC and Bawa, as the 1st and 2nd respondents, respectively.
The court ordered that the respondents (EFCC and Bawa), be served the Motion On Notice together with Form 49 by substituted means.
The court declared the arrest and detention of the applicant in the face of a subsisting Court order made by a Court of competent jurisdiction and without a warrant of arrest “or being informed of the offence for which he was arrested” as unlawful.
Justice Ayoola also declared the action as unconstitutional and in contravention of the personal liberty and dignity of human person guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Bello, in the application filed on his behalf by his counsel, S. A. Abass sought a Perpetual injunction restraining the Respondents, their agents, servants, privies, or however called from further arrest, detention, harassment and intimidation.
He also sought “An order directing the Respondents to tender an apology to the Applicant in any National Daily having nationwide coverage for the illegal detention and harassment of the Applicant.
“An Award of the sum of N10 million as general damages jointly and severally against the Respondents for the unlawful detention and harassment of the Applicant.”
