Appellant had stood surety for Polycarp Ilo who was suspected of the offence of stealing at the Ajao Estate Police Station, Isolo, Lagos State.

Appellant failed to produce the suspect when required by the police and was then arrested and arraigned before the Chief Magistrate Court 1, Mushin on a one-count charge of having committed an offence punishable under section 137 of the Criminal Procedure Act, Cap. 43, Laws of Nigeria, 1945.

Appellant's counsel raised an objection to the charge on the ground that the offence alleged is unknown to law and therefore unconstitutional.

The Chief Magistrate overruled the objection and held that the charge was valid.

Appellant then brought an application in the High Court by way of judicial review seeking a declaration that the charge is invalid.

The High Court dismissed the application and held that the charge was valid.

The appellant was dissatisfied with the ruling of the High Court and appealed to the Court of Appeal.