This appeal emanated from a chieftaincy dispute between the Plaintiff, Oba J.A. Aremo II known by the title of Alakungba of Akungba and the 1st Defendant S.F. Adekanye designated as the Alale of Hale. The dispute is over the headship or Paramount rulership of Akungba clan in Akoko South West Local Government Area of Ondo State. The dispute started long ago between 1913 and 1918 when the then colonial administrator accorded recognition to village heads in Akoko District of the then Kabba Division.

The Plaintiff alleged that one of the 1st Defendant's predecessors called Alale Omobobokun usurped the position of one of his predecessors as the Alakungba or Paramount ruler of Akungba. The said Alale Omobobokun died in 1918 and was succeeded by Alale Ajimo I to whom the colonial administration handed over the 'village book' (a symbol of paramountcy) and other paraphernalia. In 1923 when one of the Plaintiff's predecessors was succeeded by Alakungba Esugbe, Alale Ajimo I refused to recognise him as the headchief. In Consequence, Alakungba Esugbe in 1924 petitioned; the then District Officer for Owo Division, Mr. J.A. Mackenzie who in his report found in favour of the Defendant's predecessor. However, in 1951 when the Plaintiff became the Alakungba, he wrote series of petitions to Akoko Federal Council, Ikemerin Local Council and the Resident Ondo' Province to reverse the trend but all were in vain.

In 1979, the Ondo State Government set up the Ajayi Judicial, Commission of Inquiry into the headship dispute between the Alale and Alakungba. In-its White Paper of 1982, Exhibit 1, the Government rejected the Report and recommendation of that Commission of Inquiry, which found in favour of the Plaintiff. Aggrieved by the government's rejection of the Report of the Inquiry, the Plaintiff by a writ of summons issued on 11th of August, 1988 filed in the Ondo High Court sitting in Akure, commenced action in Suit No. HC/121/88 against the 1st Defendant joining the Ondo State Governor and the Ondo State Commissioner for Local Government and Chieftaincy Affairs as the 2nd and 3rd Defendants.

The suit was struck out. The Plaintiff appealed against the order striking out the suit while the 1st Defendant cross-appealed. The Appeal Court dismissed the appeal and allowed the cross-appeal.

The Plaintiff appealed to the Supreme Court.