The Court of Appeal, Abuja Division, has dismissed an appeal filed by the Economic and Financial Crimes Commission (EFCC), affirming 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 in costs against the Commission.
Dr. Ubani was detained after securing administrative bail for a client who subsequently jumped 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, prompting his lawyer, Chief Mike Ozekhome, SAN, to institute a fundamental rights enforcement action.
On January 5, 2022, the Federal High Court in Abuja, presided over by Justice Sylvanus Oriji, ruled in Ubani’s favour and awarded him ₦12 million as compensation for the violation of his fundamental rights.
Dissatisfied with the judgment, the EFCC approached the Court of Appeal, challenging both the jurisdiction of the trial court and the amount awarded as damages. The appellate court, however, rejected the Commission’s arguments and upheld the lower court’s decision, finding the compensation justified.
The judgment reinforces the constitutional protection against unlawful detention and the obligation of law enforcement agencies to comply with valid court orders. It further underscores the limits of investigative powers, particularly where a person is detained in connection with a suspect who has jumped administrative bail.
By affirming the damages awarded to Ubani, the Court of Appeal has reiterated that law enforcement agencies can be held financially accountable for violations of fundamental rights, regardless of their statutory investigative and enforcement responsibilities.
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