FIRST BANK OF NIGERIA PLC. V ATTORNEY GENERAL OF THE FEDERATION

Issue:

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 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 under dehumanizing conditions, Appellants sought and were granted leave by the Federal High Court to apply to enforce their fundamental rights, and pursuant thereto, they filed a Motion on Notice. Upon being served, the second Respondent entered a CONDITIONAL Appearance and also filed a Notice of Preliminary Objection praying that the action be struck out on the ground that it does not disclose a cause of action against it. In his Judgment delivered on 29/8/2005, the learned trial Judge, B. F. M. Nyako, J., treated the Preliminary Objection as the second Respondent's defence, and held as follows - I must find that the claim has not been established against the 2nd Respondent and the claims against him are not proved. He is struck out. As to the main Application itself, the learned trial Judge struck out the Appellant's Claims 1 to 3 and 6 to 8. Dissatisfied, the Respondents appealed to the Court of Appeal and in allowing the Appeal "save for relief 2". for the unlawful arrest and detention of the Appellants. The Court of Appeal then awarded damages against the Respondents "jointly and severally in the sum of N750, 000.00 in favour of the 2nd - 4th Appellants"; it omitted the fifth Appellant's name for damages, refused to award damages to first Appellant; and refused to award aggravated and exemplary damages also claimed by the Appellants. Dissatisfied with this part of the Court of Appeal's Judgment, the Appellants appealed to the Supreme Court.