A judicial commission of inquiry was constituted by the President of the Federal Republic of Nigeria. It was to investigate human rights violation of Nigeria.

It was constituted under powers as by Section 1 of the Tribunals of Inquiry Act 1996. It had eight members and was headed by Hon. Justice Chukwudifu Oputa (as Chairman) the 1st Respondent.

Respondents contested certain actions of the Tribunal. 1st Appellant, pursuant to his application was joined as a party to the suits in the Court below.

The commission had issued some summons on the Respondents requesting them to attend and testify as witnesses. This was resisted by the respondents by filing processes at the Federal High Court.

The Federal High Court made reference in question to the Court of Appeal. The Court of Appeal affirmed the questions referred to it by the Federal High Court. The Appellants who were dissatisfied with the Court of Appeal answers appealed to the Supreme Court.