In the High Court of Justice, Anambra State, holden at Enugu, the plaintiff in this case instituted an action against the defendants wherein his claim is as follows -

The case went to trial and, at the address stage, Chief F.R.A. Williams (S.A.N.) learned counsel for the plaintiff, submitted that in the light of the pleadings, there had arisen substantial questions of law as regards the interpretation and applica-tion of some provisions of the Constitution that should warrant a reference to the Court of Appeal. The Attorney-General of Anambra State, who appeared for the defendants, opposed Chief Williams' application.

The learned trial Judge, who refused the application for reference to the Court of Appeal, proceeded with an examination of the case on its merit. He held, at the end of that examination, that the plaintiff failed to make out a case on the merit. He was also of the opinion that the case was not justiciable and the plaintiff's remedy, if any lay with the National Assembly.

The plaintiff, who was not satisfied with this decision, thereupon, appealed to the Court of Appeal, which referred the matter to the Supreme Court for determination.