This appeal relates to the dispute over the filling of the vacant office of Saf Manguna (District Head) of the Manguna Local Government of Plateau State which fell vacant in April 1989. The Plaintiff Adamu Akun (who is now Respondent before us and Andong Adake 2nd Defendant who is 1st Appellant in the appeal before us) vied for the vacant office. There was a meeting of the kingmakers to elect one of the two contestants to the office pursuant to the provisions of the Mangu Emirate/Traditional Council (Modification of Native Law and Customs relating to the selection of the District Head of Mangu District) Order 1978, PLSG No.11 of 1978. The electors elected the 2nd Defendant (that is, 1st Appellant) to the office but the Plaintiff was dissatisfied with the election exercise and sued the Mangu Local Government and his contestant Andong Adake claiming as per paragraph 22 of the Statement of Claim as hereunder:

At the conclusion of the pleadings the matter went to trial. The learned trial Judge found in favour of the Defendants and dismissed Plaintiff's claims. Dissatisfied with this judgement, Plaintiff appealed to the Court of Appeal which latter Court allowed the appeal, set aside the judgment of the trial High Court and declared the election conducted on the 1st day of June 1989 null and void.