A Convict cannot be EFCC chairman – Activist asks Court to declare Bawa’s Seat Vacant

0
119

An Abuja based Lawyer, JOHNMARY CHUKWUKASI JIDEOBI, Esq. has dragged the Economic and Financial Crimes commission, EFCC Chairman, ABDULRASHEED BAWA to Court.

In the Court documents made available,the lawyer insisted that a convict cannot be the EFCC chairman.

Mr. Jideobi is asking the court for the determination of the following questions of law:

  1. Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, a man who has been convicted and sentenced to prison by a Court of law can validly continue to discharge the functions and perform the duties of the Chairman of the 2ndDefendant, the Economic and Financial Crimes Commission?
  2. Whether having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1stDefendant, who has been convicted and sentenced to prison, on the 28th day of October, 2022, by the High Court of the Federal Capital Territory, Abuja, can continue to validly discharge the functions and exercise the powers of the Executive Chairman of Economic and Financial Crimes Commission?

And Against the answers that may be proffered to the foregoing questions of law, the Plaintiff SEEKS THE FOLLOWING RELIEFS:

  1. A DECLARARTION of this Honourable Court that having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, a man who has been imprisoned by a Court of law cannot validly continue to act as the Chairman of the 2ndDefendant, the Economic and Financial Crimes Commission.
  2. A DECLARATION of this Honourable Court that having regard to the provision of Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1stDefendant who has been convicted and sentenced to prison, on the 28th day of October, 2022, by the High Court of the Federal Capital Territory, Abuja, for contempt of Court, cannot validly continue to exercise the powers and function of the office of the Executive Chairman of the 2nd Defendant
  1. AN ORDER of this Honourable Court declaring vacant the seat of the Executive Chairman of the Economic and Financial Crimes Commission.
  2. AN ORDER directing the most immediate Senior officer, after the Executive Chairman of the 2nd Defendant, to take over the management of the affairs of the Economic and Financial Crimes Commission PENDING when the President of the Federal Republic of Nigeria appoints a new Chairman of the 2nd
  3. AN ORDER of this Honourable Court declaring void, a nullity and setting aside all actions, decisions and steps taken by the 1st Defendant as the Executive Chairman of the Economic and Financial Crimes Commission from the 29th day of October, 2022 until the judgment of the High Court of the Federal Capital Territory, Abuja, convicting the 1st Defendant and sentencing him to prison on the 28th day of October, 2022 is set aside or upturned.
  4. AN ORDER of this Honourable Court restraining ABDULRASHEED BAWA, the 1st Defendant FORTHWITH, from exercising the powers and functions of the Executive Chairman of the 2nd Defendant and from drawing any benefit, salaries and perks of office as the Executive Chairman of the 2nd Defendant UNTIL the judgment of the High Court of the Federal Capital Territory, Abuja, convicting the 1st Defendant and sentencing him to prison on the 28th day of October, 2022 is set aside or upturned.
  5. A MANDATORY ORDER of this Honourable Court, pursuant to Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria, compelling the Honourable Attorney-General of the Federation (the 3rd Defendant herein) to ensure IMMEDIATE compliance with the judgment of the Honourable Court in this suit.

Mr. Jideobi predicated the grounds upon which the instant application is pillared as follows:

  1. A judgment or order of a Court of competent jurisdiction remains valid and binding unless and until it is set aside by an appellate Court or by the lower Court itself, BABATUNDE VS. OLATUNJI (2000) 2 NWLR (PT. 646) PAGE 568
  2. A judgment of a Court of competent jurisdiction remains valid and binding even where the person affected by it believes that it is void, until it is set aside by a Court of competent jurisdiction, ZAKIRAI VS. MUHAMMAD & ORS (2017) LPELR -42349
  3. By Section 287(3) of the amended 1999 Constitution of the Federal Republic of Nigeria , the decisions of the Federal High Court, the National Industrial Court, a High Court and of all other Courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other Courts of law with subordinate jurisdiction to that of the Federal High Court, the National Industrial Court, a High Court and those other Courts, respectively, KAMALU & ORS VS. UMUNNA & ORS (1997) LPELR – 1657.
  4. On the 28thday of October, 2022, the High Court of the Federal Capital Territory, Abuja, presided over the Honourable Justice C. Orji, delivered a Ruling in which the Chairman of the 2nd Defendant was convicted of the crime of contempt of Court, consequently sentenced to prison sequel to Motion on Notice marked: FCT/HC/M/52/2021 and filed by Air Vice Marshal (AVM) Rufus Adeniyi Ojuawo.
  5. The Ruling of the Honourable Court of the Federal Capital Capital Territory, Abuja rendered on the 28thday of October, 2022 has not been vacated by that Court nor has a higher Court upturned same and therefore subsisting.
  6. The Constitution frowns on convicts holding public positions in Nigeria.
  7. This suit is brought in the interest of the public, to protect the dignity of the Nigerian Constitution and the prestigious image of the Economic and Financial Crimes Commission as the foremost anti-corruption institution in Nigeria which must not be led at any time by a convict more so a contemnor who treats the sacred orders and decisions of a duly constituted Court with perfidious disregard.

BarristerNG reported that On the 28th day of October, 2022, the Honourable Justice Chizoba Orji of the High Court of the Federal Capital Territory, Abuja, rendered a decision wherein the Court convicted and sentenced the Bawa to prison for contempt of Court.

In the Ruling rendered by the Federal Capital Territory, Abuja High Court, the Court decided as follows:

“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”

Other defendants in the suit include Economic and Financial Crimes commission and the Attorney General of the federation.

The matter is yet to be assigned to a court.

-Advertisement-

New mag

Newswire Law and Events Magazine is Out. It's a collector's item. Get one - or two,or more - for yourself and loved ones.

Do you want to be heard, your events covered, your articles published, or need to advertise your products and services on our Blog and Magazine, reach out to us at Newswire Law and Events, you will be glad you did. For more details about our services, please call: 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk

LEAVE A REPLY

Please enter your comment!
Please enter your name here