This is an application by the INERVENER, brought under section 16 of the Court of Appeal Act 1984, as amended for the following Orders of this court:

General Ishaya Rizi Bamaiyi (Rtd) was arrested in connection with the attempted murder of Alex Ibru. He applied to the Federal High Court for leave to enforce his fundamental rights. The leave was granted by the Court which also made an ex-parte order that the respondents to his application release him forthwith from detention.

The General and some other suspects had been interrogated by a Special Investigation Panel set up by the Attorney-General of the Federation.

The accountant later collected the value of the cheque. The above happened in the absence of the appellant.

The Federal High Court referred to the Court of Appeal for interpretation, the following question, namely:

"Whether by the provisions of Section 174 of the Constitution or any provision, the Federal Attorney-General has the power to constitute the Special Investigation Panel that investigated the applicant and the report which forms the basis of the charge against them before the Magistrate's Court"

While the Court of Appeal was yet to dispose of the question referred to it by the Federal High Court, Alhaji Mohammed Sani Abacha filed an application before the court to be joined in the reference as an intervener. In response to the application, the respondents filed a court affidavit. The respondents averred that the applicant earlier applied for the enforcement of his fundamental rights at the Federal High Court and that he was not charged with the attempted murder of Mr. Alex Ibru.