The presiding judge, Justice Binta Nyako, in a separate ruling, also ordered the release of some of the properties said to have been wrongly seized from Atuche by the EFCC.
The order of release was made following two separate applications brought by Murphis Burgher Nigeria Ltd and Messrs Eva and Efa Imoke.
The applicants had claimed that two of the properties attached on the order of Justice Ajakaiye (retd) on March 10, 2010 through an ex parte order by EFCC belonged to them and not Atuche.
The properties in question are located in 27, Sanusi Fafowora Street, Victoria Island, and 14, Anifowoshe Street, Victoria Island, Lagos.
The judge however added that applicants must not dispose of the properties until the criminal trial against Atuche had been concluded at the Lagos High Court.
In her ruling ordering the EFCC and the Attorney-General of the Federation to compensate Elizabeth Nyako held that she (Elizabeth) was detained by the anti-graft agency in violation of her fundamental human rights to freedom of movement and fair hearing.
The court held that though the commission arraigned Elizabeth before a Lagos High Court after arresting her on May 3, 2011, it said the period she was kept in detention exceeded the constitutionally prescribed period of 24 hours.
Nyako said, “The reason given by the respondents is that investigation was ongoing. The Supreme Court has said suspect should not be detained while investigation is ongoing.
“It appears to me that the arrest and detention of the Applicant (Elizabeth) has not been justified by the respondents.”
“Is she entitled to damages? Yes! Her illegal arrest and detention in excess of the statutorily allowed period is without justification.
“Consequently, I hereby award damages of N2m jointly and severally against the respondents”
Meanwhile, trial of Atuche along with a former director of the bank, Funmi Ademosun, at a Lagos High Court in Ikeja continued on Tuesday.
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