By an originating summons filed by the Appellant on 7 October, 1999 at the Federal High Court, Lagos, he sought inter alia an order of mandamus to compel the Respondents to investigate criminal allegations which he made against Governor Bola Ahmed Tinubu of Lagos State. It is unnecessary to go into the details of the said allegations, or of the procedural skirmishes at the trial court, except to say that on 14 December, 1999, Egbo-Egbo, J., who presided dismissed the summons upon a preliminary objection raised that by virtue of section 308 of the 1999 Constitution, the Governor enjoyed immunity from being investigated in respect of the said criminal allegations.

On the view taken in respect of section 308 of the Constitution that there was immunity against investigation, the Appellant appealed to the Court of Appeal, Lagos Division. The Respondents cross-appealed against the court's findings as to the admissibility of certain documents (exhibits GF1, GF2 and GF3] and also as to the locus standi of the Appellant to institute the action.

On 5 June, 2000, the Court of Appeal in a considered judgment concluded;

Being dissatisfied with the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court.