Court Orders EFCC To Pay Chairman NBA-SPIDEL, Ubani N12m For Illegal Detention

A high court sitting in Abuja has awarded N12 million against the Economic and Financial Crimes Commission, EFCC, over the illegal arrest and detention of the Chairman NBA SIPDEL, Dr. Monday Onyekachi Ubani.

Dr. Ubani, had sued the commission after  20 days illegal arrest and detention  in its custody, He claimed N5 billion as general, exemplary and aggravated damages for the violation of his rights.

Justice Sylvanus .C. Oriji, while delivering his judgment on Wednesday, held that the detention violated Dr Ubani’s right and therefore he is entitled to the reliefs he sought for.

The court further declared that the detention was illegal.

He was awarded the sum of 12million naira as damages instead of the sum of 5billion naira  he sought for.

The court  however refused to the order that EFCC should offer public apology for the illegal detention.

With this judgement, the matter of Dr Ubani whose illegal detention generated so much tension in the legal circle has been laid to rest.

NBA as a national body, NBA Ikeja Branch, Christian Lawyers Fellowship of Nigeria, Otu Oka Iwu, umbrella body of Eastern Lawyers, Eastern Bar Forum, group of Lawyers from the Old Eastern Nigeria, Mr Femi Falana SAN and the counsel of Dr Ubani,  Chief Mike Ozekhome SAN were the groups and individuals that roundly condemned the detention of Dr Ubani by Magu led EFCC at the time of the detention.

The decision today further settled the already established law that a surety has not committed  any crime when the person he stood surety jumps bail. The only legal implication for the surety is to show cause or forfeit the bail bond. Arresting and detaining such a surety amounts to a flagrant violation of the rights of that individual.

The Applicant expressed extreme joy for the victory.

He specifically thank God, Chief Mike Ozekhome and his legal team like Barristers Malik and Benson who showed magnificent commitment in the handling of the case.

He appreciated Femi Falana SAN who from beginning advised that EFCC was wrong to have detained Dr Ubani.

He also thanked the NBA and several other groups and individuals too numerous to mention who stood by  him in those trying times especially his wife Lady Faurstina Ubani and his children. The media institution is also appreciated.

The Lawyer reported that Ubani, was arrested and detained on March 19, 2019 along with Senator Christopher Enai, for failing to produce the former Managing Director of Nigeria Social Insurance Trust Fund (NSITF) Mrs Ngozi Olejeme, who they both stood for as sureties.

Ubani had maintained his innocence over Olejeme’s disappearance, insisting that she absconded after the EFCC raided her home, He also stated that his decision to stand surety for Olejeme was because he compelled her to return to Nigeria to face the charges against her and all effort to secure her bail was frustrated by the EFCC.