Appellant commenced by Originating Summons a suit against the Respondents seeking a number of declaratory reliefs in respect of the Ezeship Constitution of Awaka Autonomous Community.

The dispute revolved around which of three villages or communities was qualified to produce its son as the Eze of the Awaka Autonomous Community. The Plaintiff contended that succession to the Ezeship should be rotational and not confined to the village of Umuodu. The purpose of the Plaintiff's suit was to assert the rights of the villages of Ndegbelu and Amuzi as against those of Umuodu from where the last Eze hailed.

The Defendants however contended, inter alia, that the Plaintiff lacked the requisite locus standi as he had not been presented by and did not institute his action as a representative of any of the villages.

The trial Court dismissed the Defendants' objection, holding that the Plaintiff had shown by affidavit evidence that he was a native of Ndegbelu village (the Community that should produce the traditional ruler should the Court come to the conclusion that the stool was rotatory). The Court also found that the Plaintiff had established his personal interest in the subject matter, that is the right to succession to the stool, and that he was in fact a candidate in the Ezeship tussle. In consequence, the Court granted the declarations sought by the Plaintiff.

The Defendants were not satisfied with the judgment and they appealed to the Court of Appeal, Port Harcourt Division. Their appeal was allowed on the ground that the Plaintiff had no locus standi. The present appeal is from the Judgment of the Court of Appeal.