Respondent was deposed as the Emir of Muri and detained at Mubi for a period of time. Following that detention, he filed a suit in an effort to enforce his Fundamental Rights at the Federal High Court Kano.

He sought amongst other things, an order quashing his deposition and a declaration that he was still the Emir of Muri.

The Appellant (in his case) challenged the jurisdiction of the F. H. C. to hear the application. Their suit/application was dismissed.

Following the decision of the Court of Appeal that:

"The Federal High Court has no jurisdiction to entertain, determine and grant the relief, the Respondent claimed in paragraphs 1 and 2 of the Respondent's claim either separately or in combination with the other aspects of the Respondent's claim in other paragraphs notwithstanding the alleged violation of the fundamental rights guaranteed by section 33(1) of the Constitution."

The Respondent applied to the Court of Appeal by Notice of Motion (pursuant to section 18 Court of Appeal Act 1976 as amended) for an Order.

"Directing a stay of its Order contained in its judgment dated 21st June, 1988 between the parties, in respect of appellant's reliefs 1 and 2 in the lower court, pending the determination of the appeal against the same to the Supreme Court and for such further Order or Orders as this Honourable Court may deem just."

The respondent appealed and the Appellant cross - appealed to the Supreme Court.