Monday Onyekachi Ubani SAN
The Abuja division of Court of Appeal, has dismissed an appeal by the Economic and Financial Crimes Commission (EFCC) and affirmed a N12 million damages awarded in favour of a Senior Advocate of Nigeria (SAN), Dr. Monday Onyekachi Ubani, over his unlawful detention for 21 days in 2019.
The appellate court also awarded N300,000 in costs against the EFCC.
The decision followed the commission’s failed attempt to upturn the judgment of an Abuja Federal High Court, which awarded Ubani N12 million in damages for the violation of his fundamental rights.
Ubani (SAN) was detained after securing administrative bail for a client who was accused of jumping bail.
Despite an earlier court order directing the EFCC either to release him conditionally or charge him with an alleged offence, the commission failed to comply, leading to the institution of a fundamental rights enforcement suit on his behalf.
His lawyer, Mike Ozekhome (SAN) subsequently approached the court to challenge the detention and seek redress for the alleged violation of his client’s constitutionally guaranteed rights.
Justice Sylvanus Oriji of the Federal High Court, had on January 5, 2022, ruled in Ubani’s favour and awarded him N12 million in compensation.
Dissatisfied with the judgment, the EFCC approached the appellate Court, challenging the jurisdiction of the trial court to entertain the suit and disputing the amount awarded as damages.
However, the appellate court dismissed the commission’s arguments and affirmed the lower court’s decision, thereby sustaining the N12 million compensation, while awarded additional N300,000, as costs represents a further financial consequence of the commission’s unsuccessful appeal.
The decision underscores the constitutional obligation of law enforcement agencies to respect fundamental rights and comply with valid court orders in the discharge of their statutory responsibilities.
Although the EFCC is empowered to investigate financial crimes and enforce relevant laws, those powers remain subject to constitutional safeguards and judicial oversight.
The case also highlights the legal consequences that may arise when investigative agencies detain individuals without lawful justification or fail to comply with court directives concerning their liberty.
Ubani’s detention arose from his role in securing administrative bail for a client accused of jumping bail, raising questions about the circumstances in which a person who stands surety for a suspect may be subjected to detention.
By dismissing the EFCC’s appeal and affirming the compensation awarded by the Federal High Court, the Court of Appeal has left the original judgment intact.
The ruling reinforces the principle that law enforcement agencies are not exempt from accountability when their actions violate constitutionally protected rights.
It also serves as a reminder that the exercise of investigative powers must remain within the limits prescribed by law and that affected individuals may seek judicial redress where those limits are breached.