Abutu J. sitting at Benin Judicial Division made an order for the detention of the 4th respondent, MV Dubai Valour (a merchant ship), on the condition that the ship be released upon providing a bank guarantee for the value of the applicant's claim which is =N=1,435,390,000.00.

But Based on complaints of bias from counsel, the case was transferred to the Lagos Division of the same court before Sanyaolu J.

Respondents applied to Sanyaolu J for a review of the earlier order of Abutu J. The review was granted by ordering the release of the ship upon production of a letter of undertaking by Thomas Miller P & I club for the value of $1,000,000.00, an amount said to be less than applicant's claim.

Applicant appealed against the order and Abutu J. made an order staying the order of Sanyaolu J. The suit was thereafter transferred back to Benin Division and assigned to Egbo-Egbo, J.

The Chief Judge of the Federal High Court ordered the production of the ship's crew (7-10th respondents) and all parties were by a hearing notice requested to appear in the Lagos Division of the Federal High Court.

The applicant then appealed to the Court of Appeal and filed an application praying the court to grant a stay of further proceedings before the Federal High Court sitting at Lagos.

Respondent however averred that as a result of Abutu J.'s detention order, the crew members of the ship were detained and their travel documents seized by immigration officers, thereby violating their fundamental human rights.

Ukeje J. of the Lagos Division of the Federal High Court then directed that the crew be allowed to disembark from the arrested ship.

The learned Chief Judge thereafter transferred the case to Lagos and ordered the crew still detained to be produced in his court in October 13th, 1998 so as to enable him address the question of their continued detention. The applicant reacted to the learned Chief Judge's order by applying for an ex parte order staying further proceedings in the case. The ex-parte order was granted by this court on October 12th, 1998 pending the hearing and determination of the present motion on notice.