Facts:

The 1st defendant was arrested on the application of the plaintiff by an order of the court made on 20th July 2004. The court also ordered the plaintiff to deposit the sum of N100,000.00 (One hundred thousand naira) with the Admiralty Marshall for every week that the 1st defendant is detained.

The defendants filed a motion on notice on 31st August 2004 seeking the unconditional release of the 1st defendant on the ground that the plaintiff did not comply with the order of court that the money be deposited. Learned counsel to the defendant argued that the order to deposit was a condition precedent to the subsistence of the order.

On the other hand, learned counsel to the plaintiff argued that the defendants did not have the locus or competence to bring the application and only the Admiralty Marshall has the locus to ask for directions in respect of a vessel under arrest. Learned counsel to the plaintiff further argued that non-compliance with the order is not a ground for the unconditional release of a vessel under arrest.