In 1992 appellants were standing trial in the Judicial Tribunal on Civil and Communal Disturbances in Kaduna State.

They sought leave to apply for an order prohibiting the said Judicial Tribunal from proceeding or further proceeding with their trial. They also prayed that if the said leave was granted, it should operate as stay of proceedings at the said Tribunal, pending the determination of the substantive motion on notice.

The trial Judge granted them the said leave but he refused to granted an interim stay of proceedings on the grounds that the fact presented in the affidavits before him were not sufficient to enable him make up his mind as to the urgency of the situation. He also ordered that the respondents be put on notice.

The appellants appealed to the Court of Appeal which granted a departure from the Rules as to compilation of Records, filing of briefs and accelerated the hearing. Respondents then applied and were granted leave to cross-appeal as an interested party. It complained of lack of jurisdiction to have entertain the application of the appellants by virtue of section 8(1) of the Civil Disturbances (Special Tribunal) Act. Cap.53, Laws of the Federation, 1990.

Before commencement of hearing of the appeal, the respondents filed a preliminary objection complaining about the competence of the appellants' appeal on the ground that the decision appealed against being an interlocutory one, leave was necessary but that leave was not obtained before the filing of the appeal in consonance with section 15 of the Court of Appeal Act 1976.