“That you Mr. Adeyemi Omowunmi, Chief Adebiyi Olafisoye and Mr. Milton Paul Ohwovoriole (SAN), on or about the 16th day of November, 2000 at Abuja in the Abuja Judicial Division, conspired with one another to give as gratification the sum of N3,500,000.00 (Three million, five hundred thousand naira only) to Alhaji Mika Anache a member of the Judicial Commission of Inquiry for the Investigation of the Management of Nigeria Airways Limited and other members of the said Commission in order to induce the members of the Commission to show favour to Chief Adebiyi Olafisoye and his company, Fidelity Bond of Nigeria Limited in the discharge of the official duties of members of the Commission and thereby committed an offence contrary to Section 26(1)(c) and punishable under Section 9(1) of the Corrupt Practices and Other Related Offences Act 2000.

That you Mr. Adeyemi Omowunmi, Chief Adebiyi Olafisoye and Mr. Milton Paul Ohwovoriole (SAN) on or about the 16th day of November, 2000 at Abuja in the Abuja Judicial Division, gave as gratification the sum of N3,500,000.00 (Three million, five hundred thousand naira only) to Alhaji Mika Anache a member of the Judicial Commission of Inquiry for the Investigation of the Management of Nigeria Airways Limited and other members of the said Commission, in order to induce members of the Commission to show favour to Chief Adebiyi Olafisoye and his Company, Fidelity Bond of Nigeria Limited in the discharge of the official duties of the members of the Commission and thereby committed an offence contrary to Section 9(1)(a) and punishable under Section 9(1) of the Corrupt Practices and Other Related Offences Act, 2000."

The Appellant objected to the Jurisdiction of the High Court on the ground that the Corrupt Practices and Other Related Offences Act 2000 is unconstitutional and void. The objection was overruled in a ruling delivered on 24th June, 2000. Basing its decision on the earlier case of Federal Republic of 'Nigeria v. Andrew Tyem and others, Suit No. CR/2/2001 delivered on 13th June, 2001 the Court came to the conclusion that the National Assembly validly enacted the Corrupt Practices and Other Related Offences Act. The Court based its decision on the combined effect of Sections 4(2), 15(5), items 60(a) and 67 in Part I of the Second Schedule and Section 2(a) of Part III of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999. The Court accordingly dismissed the objection of the Appellant.

The Appellant appealed to the Court of Appeal. The Court of Appeal referred certain questions relating to the interpretation of the 1999 Constitution to the Supreme Court.