The Respondents were arraigned in the Federal High Court Lagos. The Prosecution team was led by a police officer who is also Legal Practitioner but who failed to obtain the fiat of the Attorney General of the Federation to prosecute the Respondents.

The Respondents sought to quash the Charges on the ground that the Police Prosecutor was not authorized by the Attorney-General of the Federation to prosecute the case on his behalf. They relied on Section 56(1) of the Federal High Court Act which dictates those authorized to prosecute cases in the Federal High Court.

The Appellant relied on Section 23 of the Police Act and Section 174(1)(b) & (c) of 1999 Constitution as the sources of authority of a Police Officer who is a Legal Practitioner to prosecute cases in the Federal High Court without the fiat of the Attorney-General of the Federation.

The Respondents application was dismissed by the Federal High Court. The Court of Appeal however allowed the appeal. The Appellant appealed to the Supreme Court.