Respondents filed an action in a representative capacity on behalf of themselves and members of the Ikeja NBA against the appellants on behalf of themselves and members of the Body of Benchers caretaker committee of the NBA and the Body of Benches claiming against the appellants certain declaratory and injunctive reliefs relating generally to the affairs of the NBA and in particular the Legal practitioners (Amendment) Decree No 21 of 1993. The respondents sought and obtained an interim injunction against the appellants in the following terms:

Appellants, dissatisfied, appealed contending that the trial court lacked Jurisdiction to make the order. Upon the appeal, the appellate court raised suo motu the constitutionality of the new section 23A of LPA contained in the Legal practitioners Amendment Decree No 21 of 1993 and invited all the counsel to address It on the issue.