ABDULRASHEED Bawa, the chairman of the Economic and Financial Crimes Commission EFCC), is currently in the eye of the storm as Civil Society Organisations (CSOs) are massing against him and calling for his resignation from office. His crime is his deplorable but usual disregard for court orders, for which he has been convicted for contempt of court twice within months. He now wears the toga of a serial contemnor which is most unbecoming of a public official. On February 6, a Lokoja, High Court judge, Rukayat Ayoola, ordered that Bawa be detained in prison “until he purges himself of the contempt.” This committal order came less than four months after another court in Abuja jailed the EFCC chair for contempt of court over another action of his that amounted to despising court orders. Appalled by Bawa’s evident disdain for the rule of law and court orders, the CSOs have swung into action to protest the excesses of the EFCC and its leadership. They are calling for a leadership change at the anti-graft institution in order to have a reformed EFCC that is law-abiding.
It is rather unfortunate that government agencies, especially security organisations, are taking a cue from the Federal Government with their penchant for disregarding court orders. It is public knowledge that the Federal Government had time and again acted in contempt of court with impunity and so it would have been strange to expect that its agencies would not think that is the way to go. The preponderance of the disobedience of the orders of courts is something to focus on seriously given that disdain for the rule of law and court orders is an invitation to disorder and anarchy in the society. It has to be prevented and deeply frowned on. More importantly, heads of security agencies must learn that they are not above the law. If the EFCC chair keeps getting convicted for contempt, then there must be something wrong with the way he runs affairs at the agency.
Yes, the protesters have been touted to have political affiliations with the beneficiary of the latest court order, but the naysayers have a valid case: court orders are not to be trifled with. Instructively, some retired police chiefs have even reportedly called on the Inspector-General of Police (IGP), Usman Alkali Baba, not to shield Bawa, but that is a tall order; the IGP arresting Bawa would be ironic given his own conviction for the same offence. Sadly, the ripple effects of government’s unwillingness to give the rule of law a pride of place by ensuring that court orders are obeyed clearly transcend the shores of the country. For instance, decision makers, especially foreign investors across different world capitals, are usually uncomfortable with investing their resources in a country that cannot enforce its own local laws. And now that security chiefs convicted of contempt keep walking as free men, what message is Nigeria passing to the international community?
The impression should never be allowed to gain traction that security agencies and those running them are not bound by the rules and regulations in the society, or that those heading the agencies are permitted to act with impunity. Perhaps it is imperative to note that law courts and security agencies are critical components of governance structure and both have the ultimate goal of promoting civility and orderliness in the society through the interpretation of laws and enforcement of the ensuing orders from arbitration. It is the society that loses whenever these two critical institutions work at cross purposes or one deliberately or inadvertently subverts the mandate of the other. The procedure for showing disapproval of court orders, especially those that do not emanate from the Supreme Court, is very clear, and it does not include disobeying such orders. And unless verifiable legal steps have been taken by the aggrieved party to appeal a court order at a superior court to seek its vacation or reversal, any attempt to impeach such order through disobedience is tantamount to self-help which is criminal and morally reprehensible.
The ugly trend of official disobedience of court orders culminating in the sentencing of high-profile public officials to jail must be reined in. We urge the government to be deliberate and intentional about ending the menace. Perhaps starting with the EFCC chair’s case, those heading security agencies who allow themselves to be convicted of contempt of court should really be made to face arrest and be brought before the court to show that nobody is higher than the laws of the land. The government has a duty to get its security chiefs to obey court orders if it does not want to send wrong signals about the place and import of the rule of law in the society. And there is no better way to do this than by effecting necessary arrests if and when any of the security chiefs is convicted again of contempt of court.
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