Whether Administrative Bail Is Provided For in the Constitution

CASE TITLE: EFCC v. UBOH (2022) LPELR-57968(CA)

JUDGMENT DATE: 30TH JUNE, 2022

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: BALKISU BELLO ALIYU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders in enforcement of fundamental human rights.

FACTS

This appeal is against the decision of the Federal High Court, sitting at Uyo, Akwa Ibom State delivered on the 10th April, 2018 in respect of an application by way of a notice of motion no: FHC/UY/46/2018 filed by the Respondent for the enforcement of his fundamental rights against the Appellant. The facts of the case are that the Appellant received a written petition from one Bridget Bassey against the Respondent upon which it invited the Respondent for investigation. Upon honouring the invitation of the Appellant the Respondent was arrested and detained on the 15th February, 2018, and he claimed that he was refused bail by the Appellant neither was he charged to Court for any offence within the period stipulated by the Constitution.

The Appellant denied infringing the Respondent’s fundamental rights and asserted that the Respondent was indeed granted bail on liberal terms but he was unable to fulfill the conditions of the bail, and he did not approach the Appellant to vary the conditions for him before filing the application.

That Subsequently, the Appellant filed a charge of obtaining money by false pretence contrary to Section 1(1)(a) of the Advance Fee Fraud and other Related Offences Act at the Akwa Ibom State High Court, Uyo division, but was not given a date for arraignment of the Respondent before the filing of his application.

The trial Court found in favor of the Respondent. Dissatisfied, the Appellant appealed.

ISSUES FOR DETERMINATION

The appeal was determined upon consideration of the issues thus:

1. Whether in view of the facts and circumstances of this appeal, the lower Court was right in holding that the fundamental rights of the Respondent was violated by the Appellant.

2. Whether Respondent is entitled to damages for violation of his fundamental rights as decided by the Court below.

DECISION/HELD

The appeal failed and was dismissed.

RATIOS:

• CONSTITUTIONAL LAW – BREACH OF FUNDAMENTAL RIGHTS: Whether a person unlawfully arrested/detained is entitled to compensation
• CRIMINAL LAW AND PROCEDURE – BAIL: Whether administrative bail is provided for in the Constitution; duty of the arresting authority who intends to detain a suspect beyond the prescribed period
• GOVERNMENT AGENCY – ECONOMIC AND FINANCIAL CRIMES COMMISSION: Whether the Economic and Financial Crimes Commission has powers to freeze the Account of a Customer without an order of Court