The Government of Benue State created a Chieftancy title called Ter Lobi vide "The Benue State Council of Chiefs and Traditional Edict, 1991. The respondent wanted to be appointed to the Chieftancy and so did the 1st appellant. At some stage in the gaining the upper hand either in the natural course of events or by the design of those in control of the process. The respondent therefore brought his suit seeking the reliefs which I have earlier stated in this judgment.

Before the lower court the 6th appellant brought the application the text of which I reproduced earlier. The application was premised on the provisions of Section 3(2) and 4(3) of Cap. 20. The two sections of Cap. 20 have the same wording. The difference between the two is that whilst Section 3(2) deals with Chieftaincies under Native Law and Custom, Section 4(3) deals with Chieftaincies created by Law. Section 4(3) reads:

"In the case of any dispute, the Governor, after due inquiry and consultant with the persons concerned in the selection, shall be the sole Judge as to whether any appointment of a chief or head chief has been made in accordance with any such order".

The arguments of the 6th appellant before the lower court was to the effect that there was no jurisdiction in the lower court to adjudicate in the matter since the Governor of Benue State had not been allowed to exercise his power Under Section4(3) of Cap. 20 above to settle the matter. The lower court was of the view that notwithstanding the provision of Section 4(3) of Cap. 20, the respondent was exercising his constitutional right to have come directly to court without waiting for the Governor to intervene. This has led to this appeal.