Ivbi-Ada-Obi clan is made of 3 villages, namely (1) Errah, (2) Ivbiaro and (3) Warrake. It is claimed by the plaintiffs that the clanship Head rotates among the 3 villages, by virtue of the 2nd Schedule section 30(2) of Traditional Rulers and Chiefs Edict 1979. After the death of the Clan Head from Errah, it came to the turn of Ivbiaro. It is the plaintiffs’ case that the most senior titled man or Odion Ejere, who is the Village Head will be the Clan Head. It is also the plaintiffs’ case that one Adamu Odugbo who was a Clan Head appointed according to Ivbiaro custom, the Chiefs who are the present plaintiffs when Adamu Odugbo died the Village Head eventually descending on Momoh Esimiki, who was succeeded in 1979 by the 7th plaintiff, Chief Momoh Bello Bawa. It is further claimed by the plaintiff that during the reign of the 7th plaintiff, he performed the duties of the village head, which included, (a) granting owners consent to timber exploiters, and (b) distribution of essential commodities. He was also addressed formally as the Village Head of Ivbiaro. Following a dispute as to who was the rightful Village Head, and upon a report made to the then Bendel State Executive Council, the Owan Traditional Council was directed to enquire into the dispute. But the Owan Traditional Council went further to select the 1st defendant as the Village Head. The plaintiffs then commenced this action as they contended that the enquiry itself was devoid of any fairness and against the customary law of their community with the appointment of the 1st defendant not being a titled man or chief, an Odion- Ejere

At the close of the matter, the purported appointment and approval of the 1st defendant as the Clan Head of Ivbi-Ada-Obi was held void and invalid.

Dissatisfied, the 1st defendant appealed unsuccessfully to the Court of Appeal.

Further dissatisfied the appellant appealed to the Supreme Court.