The 1st respondent in this appeal is the Eze of a town called achina in the Aguata Local Government Area of Anambra State. He was appointed the said Eze in 1977. His emergence as the Eze had not been an easy affair. Another person Michael Z C Okpala had the support of Achina Progressive Union for appointment as the Eze. The contest between the 1st respondent and M Z C Okpala was sufficiently bitter to necessitate the Anambra State Government setting up the Justice Agbakoka Inquiry into the matter. At a stage, it seemed that M Z C Okpala might have the upper hand. But the then Military Government settled for the 1st respondent. The people that supported M Z C Okpala were not to be lightly repressed. They persisted in agitating that the 1st respondent was not the rightful Eze. At the vanguard of the agitation was the Achina Patriotic Union. Petitions kept flooding the offices of the appropriate Ministry of the Anambra State Government. And it would appear that the town did not enjoy peace.

Meanwhile, a suit was brought against the 1st respondent and his palace secretary over the celebration of the Local Idegwu Day Festival by two of the three component villages of Achina. The villages claimed in the suit that it was the prerogative of Achina Patriotic Union to fix the day for the celebration of the festival and not that of the 1st respondent. A declaration was sought to that effect. The suit was numbered AA/83/84.

Again in suit No. AA/127/84 the Achina Community excepting the respondents sued for a declaration that a document titled Achina Obiship (chieftaincy/Traditional Head) Constitution and cited as Achina Obiship or Chieftaincy regulations 1960 executed by the respondents on behalf of the Achina Community be set aside as invalid, null and void.

These two suits were obviously the manifestation of the displeasure of some members of the Achina Community at the enthronement of the 1st respondent. While these two suits were still pending, the Anambra State Commissioner of Local Government, Rural Development and Chieftaincy Matters in a purported exercise of power said to be derived under Section 17 of Anambra State Traditional Rules Law (No. 14 of 1981) set up an Administrative Enquiry into the chieftaincy dispute in Achina between the 1st respondent and Michael Zebendilo Chileka Okpala.

The terms of reference of the Panel were:

The sole Enquirer in the chieftaincy disputes was Mr. ANC Obeleagu. In reaction to the setting up of the Administrative enquiry, the 1st and 2nd respondents in this appeal brought an application for an order of prohibition from holding the enquiry against the Anambra State Commissioner for Local Government, rural Development and Chieftaincy Matters the State Attorney General and Mr. A N C Obeleagu the sole enquirer who are the appellants in this appeal.

The application was first heard exparte pursuant to Order XXII of the High Court Rules Laws of Eastern Nigeria, 1963 applicable to Anambra State. Obiesie, J on title 11 June, 1987 granted the order of injunction pending the final determination of Suits Nos. AA/83/84 and AA/127/84. The appellants herein as applicants brought a motion to set aside the interim order of prohibition. Save that the interim order previously made was altered as to its duration which was now to remain pending the determination of the motion on notice for prohibition, the motion by the appellants was refused.

Later, the motion for prohibition was argued on 27th and 28th July, 1988 Ruling was given on the same on 28th September, 1988. Obiesie, J concluded his ruling in these words:

In the end result, the Order of Prohibition can be granted on any of the grounds for which relief is sought I therefore hold that a proper case has been made out for the Order Nisi originally granted to be made absolute and the sole Enquirer be prevented from investigating the alleged Cheiftaincy Dispute in Achina. The respondents, servants and agents are hereby prohibited from carrying out or continuing into the alleged chieftaincy dispute in Achina based on documents MLG/CM/S 151/788 of 22nd May, 1988.

Costs fixed at N300.00 will be paid by respondents to applicant.

Dissatisfied with the ruling of the trial Judge the appellants appealed to Court of Appeal.