Respondent while still the Attorney General of Anambra State wrote a letter and sent to certain persons in Anambra State and Lagos concerning the respondent.

Respondent instituted an action against the appellant after the tenure of office of the respondent for libel.

As a result, respondent reported a case of possessing official secret matter to the police and the respondent took out a motion under Order 53 Rule 18 of the High Court of Lagos praying that the respondent be at liberty to apply for an order of committal to prison of the appellant for contempt of court in taking steps for criminal proceedings against him (the respondent) on account of a suit initiated and for an order of injunction to restrain the appellant by himself or his agents from taking further or other steps in the matter of criminal proceedings being set up by the appellant.

The motion was ex parte and it was granted by the trial court.

Appellant who must have been served with the order mentioned above by motion under Order 1A Rules 2 and 4 of Lagos High Court (Civil Procedure Rules) challenged the jurisdiction of the Lagos State High Court to hear.

The trial judge discharged the previous order for injunction and held that she had jurisdiction to hear the matter.

It was against this latter ruling that the appellant appealed to the Court of Appeal and his appeal was dismissed.

He further appealed to the Supreme Court.