Plaintiffs issued a writ of summons in the Supreme Court accompanied by a statement of claim. On the same day, plaintiffs filed a motion on notice for an order, pending the hearing and determination of the suit, to restrain the Federal Military Government from:-
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i
making arrangements or permitting arrangements to be made for holding or purporting to hold any other election to the office of the President and Vice President of the Federal Republic of Nigeria for installation as such in 1993.
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ii
dissolving or enacting the dissolution of all local governments, State Assemblies, the House of Representatives, the Senate, the National Republican Convention and the Social Democratic Party;
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iii
annulling or enacting the annulment of the election of Governors to the various States within the Federal Republic of Nigeria; and
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iv
handing over in any manner whatsoever the executive powers of the Federation to any person or persons other than the person duly elected as the President of the Federal Republic of Nigeria in accordance with the Presidential Election (Basic Constitutional and Transitional Provisions) Decree No 13.
1st defendant filed a statement of defence and principally argued that the Supreme Court lacked jurisdiction to entertain some of the reliefs sought. They also filed a motion on notice seeking an order striking out the suit for lack of locus standi on the part of the plaintiffs to institute the action and absence of jurisdiction of the Supreme Court to entertain the same.
