The respondents were jointly engaged in a project for the production of liquified natural gas. For the project to take off, they were required to do preliminary studies on the impact of the project on the environment as well as comply with the provisions of the Environmental Impact Assessment Decree No. 86 of 1992.

The appellant, an activist in the protection of the environmental and, as he claims, a native of the Niger Delta where there are large deposits of oil and gas, was not satisfied that the respondents had satisfactorily adhered to the provisions of the Decree, and hence filed an action against the respondents at the Federal High Court.

The appellant simultaneously filed a writ of summons together with an originating summons claiming in the former, an injunction restraining the respondents from carrying on with the project until a proper environmental impact assessment had been conducted strictly in accordance with the terms of the said Decree.

The 1st – 4th respondents filed notices of preliminary objection contending that the appellant lacked the locus standi to maintain the action and that the mode of commencement of the appellant's action was procedurally defective. The trial court upheld the respondent's preliminary objection and struck out the appellant's claim on the grounds that the procedure adopted was improper and that he lacked locus standi.