The respondent was the Governor of Kwara State between 1992-1993, as a Civilian Governor. On 17th November, 1993, the military took over power in the country.

There was an allegation that some money running into several millions of Naira were given to the Kwara State Government during the tenure of the respondent by the Federal Government of Nigeria.

The money was said to be N120 million as water project grant and N76 million as ecological fund. These sums of money were said to have been misappropriated by the respondent and some other top government officials in his Government.

The 1st appellants decided to investigate the alleged misappropriation of the funds. He set up a judicial panel through a Legal Notice No.3 of 26th April, 1994 to be headed by a High Court judge, Ibitoye J.

After some sittings, the Ibitoye panel claimed that it had completed its assignment and sought to submit its report, but 1st appellant, who appeared to be not satisfied with the work of the panel declined to accept report and ultimately dissolved the panel.

Another panel of inquiry was subsequently constituted also by a Kwara State Legal Notice No.1 of 1995. This panel was also headed by Justice of the Court of Appeal Justice Isa Ayo Salami. This panel commenced sitting. In the course of it’s sitting, it invited many people to give evidence before it including the respondent. At the conclusion of its investigations, the panel submitted its report to the 1st appellant. A white paper was produced from the report.

The 1st appellant was about to start implementing the recommendation of the panel when the respondent went to the Federal High Court on 29/5/95 and took out a writ of summons.

Before the hearing of the matter, the appellants filed a preliminary objection challenging the jurisdiction of the federal high court. Their main point of objection was that the whole incident that led to the case was a state government affair and that none of the appellants were agents of the Federal Government.

The Federal High Court after hearing argument on the preliminary objection dismissed it and held that the commissioner of police of Kwara State, the third appellant, was an agent of the Federal Government and that the subject matter of the commission dealt with water project and ecological problem for which the Federal Government set up an ad hoc monitoring team

The court then proceeded to make an order for the appellants to show cause within 10 days why the interim order of injunction already made against them should be vacated or waived. The appellants then filed an order varying or vacating the said order. This was also dismissed.