JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment): The proceedings that generated the appeal originated from the decision of the High Court of Justice of Kwara State sitting at Ilorin (the Court below) declaring the detention of the 1st respondent wrongful and awarding ₦500,000 compensatory damages to the 1st respondent against the appellants for the infringement of the 1st respondent's fundamental right to personal liberty.
The substance of the controversy arose under the following circumstances. The 1st respondent, a textile merchant, imparted textile materials from Togo. His business partner, the All State Company (Nig), was to clear the goods with men of the Nigeria Customs Excise and related agencies for him. Both of them were cash strapped. His business partner decided to borrow the sum of ₦1,849,000 with interest of ₦200,000 thereon making the total sum of ₦2,049,000 from the 1st appellant. The 1st respondent undertook to pay the loan. A cheque covering the loan w…