Appeal Court insists EFCC must pay man N10m for Illegal arrest, detention

The Court of Appeal has ordered the Economic and Financial Crimes Commission (EFCC) to pay one Babatunde Marakinyo the sum of N10 million for illegal re-arrest and detention.

The court made the order while dismissing an appeal filed by the EFCC challenging the award of N50 million in favour of Morakinyo by the Federal High Court sitting in Abuja.

According to the court, the re-arrest of Morakinyo after he had perfected his bail in Abuja and Lagos was unacceptable in law, describing 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 appellate court however slashed the money awarded Morakinyo to N10 million from N50 million the High Court ordered, describing it as 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 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.

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

Morakinyo, following his arrest and detention, 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.