CAPTAIN SHULGIN OLEKSANDR & ORS V. LONESTAR DRILLING COMPANY LIMITED & ANOR

KUDIRAT M. O. KEKERE-EKUN, JSC ((DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 16/9/2002 setting aside the ruling of the Federal High Court, Lagos (the trial court) delivered on 19/6/1998 which held that the respondents herein had breached the fundamental rights of the present appellants and granted various consequential reliefs accordingly.

The appellants, Ukranian nationals, were crew members of a vessel named Dubai Valour, which was arrested and placed under the custody of the Admiral Marshal pursuant to an arrest order made on 5/8/1997 by the Federal High Court, Benin City in suit no. FHC/B/228/92 filed by the 1st respondent, as plaintiff, against five defendants. The vessel M/V Dubai Valour was the 4th defendant. The present appellants were not parties to that suit. However it was their contention that they were unlawfully detained on the vessel without food, water, bunkers and medical supplies and had…