The appellants were arraigned before a Magistrate Court at their election, for the offences of conspiracy, stealing, forgery and destruction of evidence. While the case was still pending the Magistrate adjourned sine die to await the action of the D.P.P. who at the time, was said to be seized of the case.

Subsequently, the Attorney General purporting to act under s.18(ee) (ii) of the Criminal Procedure (Miscellaneous Provisions) Law, 1974 and by virtue of powers in that behalf under s. 191(1) of the 1979 Constitution, filed an information containing six counts against the appellants and two others. The accused persons filed a motion on notice to quash the information for non-compliance with the provisions of s 18(ee) of the Criminal procedure (Miscellaneous Provisions) Law, 1974. The High Court dismissed the motion and the appellants appealed without success to the Court of Appeal, hence the appeal to the Supreme Court.