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FIRST BANK OF NIGERIA PLC & ORS v. ATTORNEY-GENERAL OF THE FEDERATION & ORS

(2018) JELR 38315 (SC)

Supreme Court  •  SC.502/2013  •  26 Jan 2018  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; SIDI DAUDA BAGE JSC;

Judgement

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

"COMPLAINT

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…

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