The customary law of Agbon in Bendel State provided for succession to the Chieftaincy stools to be rotated between the clans and a constitution was drawn up to the effect.

The stool became vacant and appellant was nominated by his clan while another clan nominated another person.

Because of this dispute, appellant was not sworn into that office and he thereupon protested to the Ovie, who took no step to get him appointed by the Kingmakers.

The Governor then ordered the appointment of the appellant under s.22 (6)(b) of the Traditional Rules and Chiefs Law 1970.

Plaintiffs/respondents sued seeking a declaration that the appointment and approval of the appellant as Otota of Agbon was illegal, null and void and should be set aside.

Plaintiff’s claims were dismissed. Plaintiffs appealed to the Court of Appeal was partially allowed.

Appellant then appealed to the Supreme Court.