The matter has its genesis in the steps taken by the Government of Oyo State to ascertain the customary law governing the appointment of the Oluwo of Iwo in two. In the continuing search, one Declaration was made by the Chieftancy Committee of the Iwo Local Government area on the 4th day of January, 1979 approved on the 17th day of July, 1979 by the Military Administrator was registered on the 19th day of July, 1979. It was admitted in evidence at the High Court as Exhibit D. In that Declaration, only one Ruling House that is Ogunmakinde Ande was identified and declared as being in existence. This evoked a spate of protest and protest petitions poured into the office of the Governor of the State. This led the Government to appoint Dr. Agiri as sole Commissioner to carry out discreet investigation into the chieftancy and produce a report for the consideration of the government. The assignment was carried out. The investigation was conducted and a Report on the investigation and findings submitted to government. Oyo State Government duly considered the Report and came out with a new Declaration of the customary law regulating the selection to the Oluwo of Iwo chieftancy, Exhibit K. It was signed by the Governor of Oyo State on the 28th day of July, 1981 and registered on the following day, the 29th day of July, 1981. In the Declaration, three Ruling Houses were identified and declared as

Ogunmakinde Ande was dropped as a Ruling House on the ground that Ogunmakinde Ande family is a branch of Alawusa Ruling House. The plaintiffs/appel¬late who are members of Ogunmakinde Ande decided to go to court and on the 3rd day of March, 1982 commenced this action in Oshogbo Judicial Division of the High Court of Justice of Oyo State of Nigeria.

Plaintiffs lost at the High Court and being dissatisfied from the said decision, plaintiffs appealed to the Court of Appeal where Plaintiffs again lost and they have further appealed to the Supreme Court.