The chieftaincy of Ewi of Ado-Ekiti became vacant with the demise of the then holder, Oba Aladesanmi, on 7/1/83. By customary Law of Ado-Ekiti, the Chieftaincy alternates between two recognised Ruling Houses namely; Aroloye and Atewogboye Ruling Houses. Oba Aladesanmi the immediate past Ewi belonged to the Aroloye Ruling House, It was therefore the turn of Atewogboye Ruling House to nominate and present a candidate to fill the vacant stool.

In the selection exercise that followed the demise of Oba Aladesanmi, George Adelabu was selected by the King-makers of Atewogboye Ruling House and presented to fill the vacant stool and was duly appointed under the 1984 Chieftaincy Declaration of Ewi of Ado-Ekiti. He performed the requisite traditional rights and ceremonies and was duly approved as Ewi by the Military Governor.

When the trial of suit No. HAD/48/84 was pending in the Ondo State High Court before the then late Chief Judge of that State, George Adelabu passed away in October, 1988. The learned Chief Judge delivered his judgment on 30/11/90 after the demise of George Adelabu, declaring that the applicable customary law was the 1960 Declaration and that the latter's appointment under the 1984 Declaration which he declared null and void, was also declared null and void-

The Appellants, in consequence of the Judgment instituted the action claiming that the 5th Respondent who had been selected as the new Ewi of Ado-Ekiti was not qualified to become the Ewi of Ado-Ekiti.

After the pleading had been filed and exchanged, the 1st Respondent brought an application challenging the competency of the Suit and the Appellants' Locus Standi to ask for or be entitled to any of the reliefs claimed. The Plaintiffs/Appellants opposed the application.

The learned trial Judge held that neither of the two Plaintiffs/Appellants nor their Ruling House (Atewogboye Ruling House) has any cause of action to institute or maintain the action. Accordingly, the suit was dismissed.

Aggrieved by the decision of the trial court, the Plaintiffs/Respondents appealed to the Court of Appeal, Benin Division and at the end of the exercise it delivered a judgment in which it concluded {per Nsofor JCA) as follows:

Both Akpabio and Atinuke Ige JJCA agreed with the lead judgment.

Dissatisfied with the judgment of the Court of Appeal, the Plaintiffs have further appealed to this court.

Dissatisfied appellants appealed to the Supreme Court.