It was the case of the Plaintiff that ever since the aborted attempt of 10th July, 2003 the Federal Government under the President have covertly instigated or condoned various suits at the Federal High Court in a bid to obtain a judicial order for the removal of Governor Ngige of Anambra State. It was pointed out that the Federal Government and the President have covertly and overtly instigated or condoned or sponsored identical suits at other judicial divisions of the Federal High Court including the division at Enugu so as to obtain a Court order to enable the President to remove the Governor of Anambra State.

The Plaintiff further contended that as a last desperate measure the Government of the Federation through the President in collaboration with the Government of Enugu State on the 2nd of January, 2004 contrived an order from Hon. Justice S.C. Nnaji of the High Court of Enugu State directing the Inspector General of Police to remove the Governor of Anambra State from office. And as soon as the Federal Government received a copy of the Order dated 2nd January, 2004 the Inspector General acting on the direction of the President and upon the advice of the Attorney-General of the Federation withdrew all Police protection and security apparatus of State power from the Governor of Anambra State and has refused to restore the same despite the Order of the Court of Appeal.

Since the 2nd day of January, the Federal Government through the President have been contriving all machinations to orchestrate a State of Emergency proclamation in Anambra State without regard to the provisions of Section 305 of the 1999 Constitution. In this regard, it was said that the Federal Government through the President have started the process of lobbying members of the National Assembly to pass a resolution authorizing him to proclaim a State of Emergency in Anambra State for the sole purpose of removing the Governor. It was pointed out that the Federal Government through the President have continued to prevent the Commissioner of Police from taking lawful directives from the Governor of Anambra State for the maintenance of public safety, public order and the provision of Police protection and other security apparatus of State power for the Government of Anambra State and the Governor contrary to Section 215(4) of the 1999 Constitution.

The Federal Government in addition to the above has withheld and continued to withhold part of the Anambra State Government from the Federation Account in a manner inconsistent with the provisions of the Constitution when the funds so withheld are not a legitimate setoff for any loan granted to Anambra State Government by the Federal Government.