SAN: Court affirms N12m compensation

The Court of Appeal, Abuja Division, has dismissed an appeal by the Economic and Financial Crimes Commission and affirmed the N12m compensation awarded to a former Vice-President of the Nigerian Bar Association, Dr Monday Ubani, SAN, over his “unlawful” 21-day detention in 2019.

The appellate court also awarded N300,000 in costs against the anti-graft agency.

Ubani disclosed this in a statement on Saturday.

The former NBA vice-president 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 offence, the Commission allegedly failed to comply, prompting his lawyer, Chief Mike Ozekhome, SAN, to institute a fundamental rights action on his behalf.

On January 5, 2022, the Abuja High Court, presided over by Justice Sylvanus Oriji, ruled in Ubani’s favour and awarded him N12m in compensation.

Dissatisfied with the judgment, the EFCC appealed, challenging the jurisdiction of the trial court and the amount awarded as compensation.

In dismissing the appeal, the Court of Appeal rejected the Commission’s arguments and affirmed the compensation awarded to Ubani.

The appellate court held that the EFCC’s investigative powers did not authorise arbitrary detention or disobedience of a valid court order.

The judgment, according to Ubani, reaffirmed that law enforcement agencies remain subject to the Constitution and judicial authority, while underscoring the protection of citizens’ fundamental rights and the limits of investigative powers.

He said the decision also highlighted the responsibilities of sureties and the obligation of security agencies to obey court orders, describing it as potentially significant for future fundamental rights litigation.

Efforts to get the EFCC spokesperson’s reaction were unsuccessful, as several calls and messages sent to him were not responded to as of the time of filing this report.