Court of Appeal Insists EFCC Must Pay N10m Fine For Man’s Illegal Detention

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The Court of Appeal has dismissed an appeal filed by the
Economic and Financial Crimes Commission challenging the award of
N50 million over the unlawful detention of one Babatunde
Morakinyo.

The court stated that the rearrest of Morakinyo after he had
perfected his bail in Abuja and Lagos was unacceptable in law and
described the act as “oppressive, repressive and condemnable.”

Justice Hussein Muktar stated this on Wednesday while delivering
the unanimous decision of a three-man panel of the appellate
court.

He held that there was no error or ambiguity in the earlier
decision of the Federal High Court, hence, the appeal was
dismissed.

The twist in the appellate court’s decision was the downward
review of the fine slammed by the Federal High Court on the
anti-graft agency.

The appellate court ordered that the EFCC should pay N10 million
as opposed to the N50 million earlier ordered by the Federal High
Court Abuja.

According to the court, the earlier fine of N50 million was
excessive.

The EFCC had dragged Morakinyo to the Federal High Court Abuja
on March 19 on a 23-count that bordered on alleged money
laundering.

During his arraignment, Morakinyo had pleaded not guilty and was
admitted to bail. After perfecting the conditions of his bail, he
was released when the court endorsed the warrant for his
release.

However, the EFCC had rearrested and detained him on the ground
that he was to face another trial before a High Court in Lagos
State.

Following his rearrest and detention, Morakinyo had instituted
an action for the enforcement of his fundamental human right at the
Federal High Court Abuja and sought to be compensated for the
illegal detention.

Justice Inyang Ekwo had ruled in favour of Morakinyo and ordered
that EFCC pay N50 million damages.

“The act is an aberration of the tenets of the democracy we
profess to practise.

“Unconstitutional and illegal courthouse arrest is condemnable
and punishable. The courthouse arrest of the applicant by the
respondent is no less so.

“Where the court has granted bail to a person and the person has
met the terms of the bail, and release warrant has been issued to
him, but he is facing arraignment in another court, he needs not be
rearrested.

“He can be served the subsequent charge and given the
opportunity to appear in court on the date fixed for his
arraignment.

“The assumption that such a person is likely not to appear in
court for the other trial is unfounded as his particulars of bail
are in the custody of the court already.

“The court, which he is appearing next, has the discretion to
grant him bail upon the previous terms or modify same. He is aware
that it is in his interest to appear in court to answer to the
allegations against him.

“There is no valid foundation for the subsequent arrest of the
applicant on the excuse of a pending charge in Lagos, when he had
been granted bail by a court of coordinate jurisdiction in Abuja
upon arraignment for another charge,” Justice Ekwo held.

After Justice Ekwo held in favour of Morakinyo, the EFCC had
appealed to the Court of Appeal challenging the decision of the
trial court.