The Court of Appeal, Abuja Division, has dismissed the EFCC’s appeal and affirmed the ₦12 million compensation awarded to Dr. Monday Ubani, SAN, for his unlawful 21-day detention in 2019. The court also awarded ₦300,000 in costs against the Commission.
Ubani was detained after securing administrative bail for a client accused of jumping bail. Despite a court order directing the EFCC to release him conditionally or charge him with any alleged offence, the Commission failed to comply, prompting his lawyer, Chief Professor Mike Ozekhome, to institute a fundamental rights action in his favour.
On January 5, 2022, the Abuja High Court, presided over by Justice Sylvanus Oriji, ruled in Ubani’s favour. The EFCC appealed, challenging the trial court’s jurisdiction and the amount of compensation awarded.
In dismissing the appeal, the Court of Appeal rejected both arguments, holding that the compensation was justified and that the EFCC’s investigative powers do not permit arbitrary detention or disobedience of court orders.
The judgment reaffirms that law enforcement agencies remain subject to the Constitution and judicial authority. It also underscores the protection of fundamental rights, the limits of law enforcement powers and the consequences of unlawful detention.
Beyond the financial award, the decision highlights the responsibilities of sureties and the obligation of security agencies to obey court orders, making it a potentially significant reference in future fundamental rights litigation.
