The Court docket of Attraction in Abuja has brushed aside an enchantment by way of the Economic and Financial Crimes Commission (EFCC) difficult a judgement awarding Monday Ubani, a Senior Suggest of Nigeria (SAN), N12 million in repayment for his illegal detention in 2019.
Handing over judgement at the enchantment on Thursday, a three-member panel of judges unanimously upheld the award.
The appellate court docket additionally ordered the fee to pay N300,000 in prices, in keeping with a commentary shared with PREMIUM TIMES on Sunday.
Mr Ubani, a legal professional and previous vice-president of the Nigerian Bar Affiliation (NBA), used to be no longer but a SAN when the EFCC detained him in March 2019. He attained the rank in 2024.
How the dispute started
The dispute started after the EFCC declared Ngozi Olejeme, a former chairperson of the Nigeria Social Insurance coverage Accept as true with Fund (NSITF), sought after over allegations of economic crimes in the case of her time on the company.
Mr Ubani stated he helped convince her to go back to Nigeria to respond to the allegations. She used to be therefore granted administrative bail, with him and previous Senator Christopher Enai status as sureties.
A surety promises that an individual granted bail will agree to the stipulations in their unencumber, together with showing when required by way of investigators or a court docket.
Then again, the EFCC later stated it might now not achieve Ms Olejeme and demanded that her sureties produce her. The fee arrested Mr Ubani and Mr Enai in March 2019.
Mr Ubani maintained that he used to be no longer answerable for her disappearance. He stated he had helped deliver her again to Nigeria and wondered why the fee held him accountable after its operatives visited her house and may now not achieve her.
Later that month, Pass judgement on Sylvanus Oriji of the FCT Prime Court docket in Apo ordered the EFCC to price the 2 males in court docket or unencumber them on bail. The pass judgement on additionally granted them bail matter to stipulations.
Then again, the fee didn’t agree to the order by way of the time limit, prompting their legal professional, Mike Ozekhome, additionally a SAN, to begin contempt court cases towards the then appearing EFCC chairman, Ibrahim Magu.
In January 2022, Pass judgement on Oriji dominated that the EFCC’s arrest and detention of Mr Ubani violated his elementary rights.
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The pass judgement on held {that a} surety may well be required to turn purpose or forfeit the bail bond if the individual for whom they stood surety may no longer be produced, fairly than being arrested and detained.
As a result, he declared the detention unlawful and awarded Mr Ubani N12 million in damages however declined to reserve the EFCC to factor a public apology.
Disillusioned with the judgment, the fee appealed to the Court docket of Attraction, difficult the trial court docket’s jurisdiction and the quantity awarded as repayment.
The appellate court docket has now brushed aside the enchantment and upheld the trial court docket’s jurisdiction.
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