Respondents sued appellants claiming a declaration that the 1st appellant’s appointment as the Onijagbo of Ijagbo by the 2nd appellant was a nullity.

The issue of the stool was earlier argued in a suit Akanbi vs. Yakubu where the Supreme Court found that the Chieftaincy was not recognized in law and that the position of Onijagbo of Ijagbo of Ijagbo was a mere title of honour.

The trial Judge struck out the present suit for want of jurisdiction by virtue of s. 789(b) of the Northern Nigeria Constitution and s.11(a) of the Chiefs (Appointment and Deposition) Law (Cap. 29 of Northern Nigeria.

Respondents appeal was successful and the trial Judge’s decision was set aside.

Appellants appealed to the Supreme Court.