On reaching the age of 60 years the appellant retired from the Public Service of Osun State in 1996. In the same year the Provisional Ruling Council upon the advice of the Advisory Judicial Committee appointed her a judge of the High Court of Osun State.

The respondents instituted an action against her at the High Court seeking, among others, a declaration that the appellant was not entitled to be appointed as a judge. They further asked the court to nullify her swearing-in and to restrain her from parading herself as a judge of the High Court of Osun State. The Advisory Judicial Committee and the Provisional Ruling Council were not made parties to the suit.

Three weeks after the appellant had been sworn in, the respondents filed an ex parte application at the High Court seeking an order of interim injunction restraining the appellant from functioning or parading herself as a judge of the Osun State High Court. The ex parte orders, the appellant filed a motion on notice praying the court to discharge or set the orders as they were made without jurisdiction. The application was refused.

Aggrieved by the ruling of the trial court, the appellant appealed to the Court of Appeal.

On appeal the appellant contended mainly that the trial court had no jurisdiction to entertain the matter as the appointment was made by agencies of the Federal Military Government. The act of the trial court in granting the ex parte orders was also challenged.

In resolving the appeal, the Court of Appeal considered the following statutory provisions.