Facts:

The Respondent, a serving Judge of the Federal High Court, was arraigned before the High Court of Lagos State (trial court) on a fourteen-count information. The alleged offences ranged from unlawful enrichment by a public officer to making false information contrary to section 82 (a) of the Criminal Law of Lagos State, No. 11, 2011 and section 39 (2) (a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 (“EFCC Act”). Upon his said arraignment, the Respondent filed a notice of preliminary objection challenging the jurisdiction of the trial court to hear the case against him. His main ground of objection was that being a serving Judicial Officer, he should be first subject to the disciplinary control of the National Judicial Council.
This, he stated, was a condition precedent to the filing of the information, which had not been fulfilled. The trial court, in its ruling, dismissed the preliminary objection and found in favour of the Appellant. Aggrieved, the Respondent appealed to the Court of Appeal, (lower court). The lower court, by its judgment found in favour of the Respondent by allowing the appeal and setting aside the ruling of the trial court. It, also, upheld the preliminary objection filed by the Respondent at the trial court.
Dissatisfied with the judgment of the lower court, the Appellant appealed to the Supreme Court.