Court of Appeal upholds Ubani’s ₦12 million compensation against EFCC – THISAGE

The Court of Appeal, Abuja Division, has dismissed an appeal by the Economic and Financial Crimes Commission, EFCC, and upheld a compensation of ₦12 million awarded to Dr Monday Ubani, SAN, for his unlawful detention for 21 days in 2019.

The appeals court also awarded ₦300,000 in costs to the commission.

Ubani was arrested after obtaining administrative bail for a client accused of skipping bail. Despite a court order directing the EFCC to release him on parole or charge him with an alleged offence, the commission failed to comply.

The development prompted Ubani’s lawyer, Mike Ozekhome, to file a fundamental rights case on his behalf.

On 5 January 2022, the Federal High Court in Abuja, presided over by Justice Sylvanus Oriji, ruled in favor of Ubani and awarded him compensation of ₦12 million for the violation of his fundamental rights.

Dissatisfied with the ruling, the EFCC approached the Court of Appeal, challenging the jurisdiction of the lower court and the amount of damages awarded.

However, the appeals court rejected the commission’s arguments and upheld the lower court’s decision, finding that the compensation awarded was justified.

The decision reinforces the principle that law enforcement’s investigative and enforcement powers do not extend to arbitrary detention or disobedience of valid judicial orders.

It also highlights the constitutional obligation of security agencies to respect fundamental rights and submit to judicial authority in discharging their statutory responsibilities.

The ruling also highlights the legal limits governing the exercise of police and investigative powers, particularly in cases of detention resulting from the actions of guarantors who provide administrative bail for suspects.

In affirming damages, the Court reiterated that law enforcement can be held financially liable for unlawful detentions and violations of constitutionally guaranteed rights.

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