Appellant (Chairman of the Calabar LG) was accused of gross misconduct in the performance of the duties of his office in a notice which he replied to. A resolution was then passed by the council that the allegations of the misconduct be investigated. The resolution was communicated to the Chief Judge of Cross River State for him to constitute a panel to investigate the allegations of misconduct. This was supposedly contrary to the 14 day constitutional grace that the chairman had to submit his representation to the legislative council.

Appellant thus instituted the action which led to this appeal on 3/2/92 seeking leave of the High Court to present an application for an order of certiorari to bring up the aforesaid resolution to be quashed. The appellant also sought for an order of injunction to restrain the Council and the Chief Judge from taking any action on the said resolution before the determination of the substantive application.

The court held that the said Section 11(10) ousted the jurisdiction of the court to entertain the suit brought by the appellant and therefore struck out the suit.

Dissatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal.