HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting in Benin City in suit No. FHC/B/CS/301/2009, delivered on the 12th of March, 2010, dismissing the appellants preliminary objection, and granting the claim of the plaintiffs. The facts that gave rise to this appeal are as follows:-
The respondent who was the plaintiff at the court below, instituted an action against the appellants by way of an originating motion on notice for the enforcement of his fundamental right to liberty, fair hearing and dignity of human person under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The motion was supported by a 27 paragraph affidavit deposed to by Mr. Nasiru Shaibu Baba, the appellant, a verifying affidavit deposed to by the same Nasiru Shaibu Baba, a written statement and counsel's written address. Hinged on the motion paper is Exhibit 'A', a document titled "Testing of flow meter pumps at filing/serv…