The 1st Plaintiff/Respondent, Alhaji Atiku Abubakar, commenced this action by an Originating Summons filed on January 4, 2007 at the Court of Appeal under the original jurisdiction of that Court as provided for in Section 239 of the 1999 Constitution. According to the affidavit filed in support of the Summons, the events leading up to the suit began on or about Thursday the 21st of December, 2006, when the Plaintiff traveled to United States of America on his annual leave after seeking and obtaining the President's approval. On Saturday, December 23, 2006, the President, through one Mallam Uba Sanni, his Special Assistant on Public Affairs, announced the office of the 1st Plaintiff (Vice President of the Federal Republic of Nigeria) vacant. In the same announcement, the said Uba Sanni also stated that the constitutional immunity conferred on the 1st Plaintiff as Vice President of Nigeria had been withdrawn.

It was further alleged by the 1st Plaintiff that the President withdrew all privileges, entitlements, rights and benefits of the 1st Plaintiff as Vice President of Nigeria, and notified the 3rd-6th Defendants of his intention to send a nominee to them to replace the 1st Plaintiff as Vice President. In addition, the 1st and 2nd Defendants threatened to arrest the 1st Plaintiff anytime he arrived the country. In a further-affidavit filed in support of the Originating Summons, it was averred that the 1st Defendant had on, December 27, 2006, caused to be filed an Originating Summons No. CA/A/236/M/06 where it referred to the 1st Plaintiff herein as the 'former Vice President of Nigeria' and it was averred that the official residence of the Plaintiff had been sealed off and his official aids and vehicles withdrawn. In the same Originating Summons, a copy of which was attached to the further-affidavit, the reliefs sought from the Court of Appeal included an order of injunction to restrain the 1st Plaintiff herein (2nd Defendant in the said suit) "from parading or further parading himself as Vice President of Nigeria" and the Action Congress (sued as 1st Defendant), the President of the Senate (sued as 3rd Defendant), among others, from recognizing, treating or addressing the 1st Respondent as the Vice President of the Federal Republic of Nigeria.

In protesting these actions, the Plaintiff urged the Court to declare that (i) his term of office which commenced on May 29, 2003 still subsisted and would not terminate until May 29, 2007; (ii) the President had no power under the 1999 Constitution or any other law to declare the office or seat of the Vice President vacant and (iii) that the purported declaration of vacancy by the President was unconstitutional, null and void, and of no effect whatsoever. He also sought an order to set aside the withdrawal of all the rights, privileges, entitlements, inclusive all security details and staff of the Plaintiff, as directed by the President of the Federal Republic of Nigeria and directing their restoration. He also sought an order of perpetual injunction to restrain the Defendants whether by themselves or their agents, privies, servants, or otherwise howsoever from impugning or violating constitutional immunity conferred on him as Vice President and restraining the 3rd, 4th, 5th and 6th Defendants whether by themselves, their agents, privies, servants or otherwise howsoever from considering any nominee from the President to the office of the Vice President.

The 1st Appellant however opposed the 1st Respondent's claim as set out in the Originating Summons. A counter-claim was also filed by the said 1st Respondent in which the following reliefs were sought:

In its reserved judgment delivered on 20th February, 2007, the Court of Appeal resolved all the questions formulated by the 1st Plaintiff in his favour, granted the 1st Plaintiff's claims in part and dismissed the 1st Defendant's counter-claim. It was consequently declared that the term of office of the 1st Plaintiff as the Vice President of the Federal Republic of Nigeria which commenced on May 29, 2003 still subsisted and would not terminate until May 29, 2007. It was further declared that the President had no power under the Constitution or any other law to declare the office or seat of the 1st Plaintiff as Vice President vacant. The remaining reliefs sought by the Plaintiff were not to be acceded to in view of the facts before the Court that steps were already being taken by the 1st Defendant to restore the Plaintiffs rights and privileges.

The Appellants (1st, 2nd and 6th Defendants in the Court below) were dissatisfied with the judgment and filed an appeal against it to the Supreme Court.