Court of Appeal dismisses EFCC’s appeal, upholds N12m compensation to Ubani
By Onyewuchi Ojinnaka
The Court of Appeal, Abuja Division, has dismissed an appeal filed by the Economic and Financial Crimes Commission, (EFCC) seeking to upturn the judgement of a Federal High Court Abuja which awarded N12 million against it in favour of a former second vice president of NBA and a Senior Advocate of Nigeria (SAN) Dr Monday Onyekachi Ubani.
The Appellate court upheld the ₦12 million compensation awarded to Dr. Monday Ubani, (SAN) over his unlawful detention for 21 days in 2019. The appellate court also awarded ₦300,000 costs against the commission.
Recall that Ubani was detained after securing administrative bail for a client accused of jumping bail. Despite a court order directing the EFCC to either release him conditionally or charge him with an alleged offence, the commission failed to comply.
The development prompted Ubani’s lawyer, Mike Ozekhome, to institute a fundamental rights enforcement suit on his behalf.
On January 5, 2022, Justice Sylvanus Chinedu Oriji of a High Court of the Federal Capital Territory (FCT) sitting in Abuja, ruled in Ubani’s favour and awarded him ₦12 million compensation for the violation of his fundamental rights.
Dissatisfied with the judgement, the EFCC approached the Court of Appeal, challenging the jurisdiction of the trial court and the quantum of damages awarded.
However, the appellate court dismissed the commission’s arguments and affirmed the lower court’s decision, holding that the compensation awarded was justified.
This decision reinforces the principle that the investigative and enforcement powers of law enforcement agencies do not extend to arbitrary detention or disobedience of valid court orders.
It also underscores the constitutional obligation of security agencies to respect fundamental rights of Nigerians and submit to judicial authority in the discharge of their statutory responsibilities.
The ruling further highlights the legal limits governing the exercise of police and investigative powers, particularly in cases involving detention arising from the actions of sureties who secure administrative bail for suspects.
By affirming the compensation, the court has reiterated that law enforcement agencies may be held financially accountable for unlawful detention and violations of constitutionally guaranteed rights.
