The Plaintiffs were former employee of the National Electric Power Authority (NEPA), the Defendant. Following an industrial action by the workers of NEPA embarked upon in August 1994, the Plaintiffs among others had by a letter dated 10th August 1994 their appointments terminated. On 17th August 1994 they instituted various actions claiming declaratory and injunctive reliefs.

At trial, defence counsel raised a jurisdiction issue contending that by virtue of Decree 107 of 1993 amending section 230 (1) of the 1979 constitution, a State High Court lacked the Jurisdiction to entertain the suit.

The High Court and the Court of Appeal held that the State High Court had jurisdiction to entertain the suit. The court of appeal stated that:

“This Court had in a number of Cases had occasions to look closely into the above provisions and particularly the provisor in (sic). In Nigerian Deposit Insurance Corporation (Liquidator or United Commercial Bank Limited in Liquidation) v. Federal Mortgage Bank of Nigeria Limited (1997) 2 NWLR 739 at 756 (sic). The question that arose before the Court of Appeal then was whether a State High Court has Jurisdiction to entertain the exclusive jurisdiction of the Federal High Court. And the Court held:

Appellant appealed.

Appellant being dissatisfied with these Judgment appealed to the Supreme Court.: