AMINA ADAMU AUGIE JSC (DELIVERING THE LEADING JUDGMENT): The application for the enforcement of their fundamental rights filed by the appellants at the Federal High court, which led to this appeal was triggered by a petition written by the second respondent to the third respondent Economic and Financial Crimes Commission (EFCC) against the first appellant regarding a Bank Guarantee that it issued.
The petition dated 5/7/2004, and addressed to "The Chairman, Economic and Financial Crimes Commission", is headed as follows
FOR THE RECOVERY OF ADVANCE PAYMENT MADE BY GOVERNMENT TO CONTRACTORS THROUGH THEIR BANKERS/GUARANTORS REGARDING THE LOWER RIVER NIGER DREDGING CONTRACT: 1998/1999
The second to fifth appellants were invited by the third respondent to a Meeting at its office in Abuja; but things did not go down well, and they were subsequently detained at the Lugbe Police Station and Airport Police Station both in Abuja from 9/9/2004 to 10/9/2004.
Disgruntled by their detention u…