The relevant facts are these. The Respondents were appointed as members of the Kwara State Independent Electoral Commission on 27/11/2001. The 1st Respondent was appointed the Chairman of the Commission. Under Section 199 of the 1999 Constitution of Nigeria, they were to enjoy a tenure of five years. However on 10-6-2003, the Appellants by a letter of that date, communicated to the Respondents, the dissolution of the commission with immediate effect. The Respondents were directed to hand over the Commission's properties in their custody.

In these circumstances, the Respondents issued an originating summons claiming as earlier stated in this judgment. Parties filed affidavit evidence. The counter-affidavit filed by the Appellants revealed their supposed defence to the suit.

The trial Court endorsed the removal of the Respondents from office. The Respondents' appeal to the Court of Appeal was allowed. The Appellants who were dissatisfied with the decision of the Court of Appeal appealed to the Supreme Court.