The Court of Appeal in Abuja has dismissed an appeal by the Economic and Financial Crimes Commission (EFCC) and upheld a ₦12 million compensation award to lawyer Monday Ubani over his unlawful detention in 2019. The court also ordered the commission to pay ₦300,000 in costs.
A three-member panel of justices unanimously delivered the judgment on Thursday, affirming the earlier decision of the Federal Capital Territory High Court in Apo, Abuja. The ruling followed the EFCC’s challenge to the lower court’s jurisdiction and the amount awarded to Mr Ubani as compensation for the violation of his fundamental rights.
The case began after the EFCC declared Ngozi Olejeme, a former chairperson of the Nigeria Social Insurance Trust Fund (NSITF), wanted over alleged financial crimes linked to her tenure at the agency. Mr Ubani, a former vice-president of the Nigerian Bar Association, said he helped persuade her to return to Nigeria to answer the allegations. She was subsequently granted administrative bail, with Mr Ubani and former Senator Christopher Enai standing as sureties.
In March 2019, the EFCC arrested both men after it said it could no longer reach Ms Olejeme and demanded that they produce her. Mr Ubani maintained that he was not responsible for her disappearance. The FCT High Court later directed the commission to charge the men in court or release them on bail. In January 2022, Justice Sylvanus Oriji ruled that the arrest and detention of Mr Ubani violated his fundamental rights and awarded him ₦12 million in damages, while refusing to order a public apology.
The trial court held that a surety who fails to produce a person granted bail may be required to explain the circumstances or face forfeiture of the bail bond, rather than being arrested and detained. Dissatisfied with the judgment, the EFCC appealed, questioning the trial court’s jurisdiction and the compensation awarded. The Court of Appeal has now rejected the challenge, leaving the ₦12 million award in place.
