The case of the Plaintiffs could be briefly summarised. The 4th Defendant, Dandeson Mac Pepple is a son of Ezekiel Ogan and Violet Ogan, nee Epelle. Ezekiel Ogan, the father of the 4th Defendant, came from Ama in Okrika. This makes the 4th Defendant an Okrika man. According to Opobo native-law and custom, the 4th Defendant who is an Okrika man, is not qualified to be made an Amanyanabo of Opobo. Apart from the fact that 4th Defendant is an Okrika man, the procedure for appointment as Amanyanabo of Opobo was not followed in the appointment of the 4th Defendant. It is the case of the Plaintiffs that the Kiepirima and Dappaye-Amakiri Sections, being King¬makers, must be involved in the appointment of the 4th Defendant, as Amanyanabo, which was not the case.

The case of the Defendants, as narrated in Court by the 4th Defendant, could also be briefly summarised. His name is Dandeson Douglas Jaja and not Dandeson Ogan. His father was later Chief (Dr.) Douglas Jaja, the Amanyanabo of Opobo and not Ezekiel Ogan, as claimed by the Plaintiffs. He lived with his father Chief (Dr.) Douglas Jaja and not with Ezekiel Ogan. His mother is Mrs. Violet Douglas Jaja and not Mrs. Violet Ogan, as claimed by the Plaintiffs. The father of D.W.4 (4th Defendant) died on 31st July 1980 when D.W.4 was in Britain on a course. He returned home on receipt of a cablegram and he took part in the funeral obsequies of the father, the late Amanyanabo. Witness claimed that he was the Chief mourner and that he performed the functions of the first son. After the burial of the father, he, D.W.4, was elected as successor to his father. The selection, D.W.4 claimed, was in accordance with laid down procedure of Opobo town. Witness rejected the evidence that no person could be appointed Amanyanabo without the consent of the Dappaye-Amakiri and Kiepirima Sections.

The Learned Trial Judge gave judgment to the Plaintiffs. The Trial Judge said at pages 617 and 618 of the Record:

"That the custom has grown up or established that the Jaja Executive Authority must select the person or the candidate with the consent of the King-Makers, namely, the Dappaye-Amakiri and Kiepirima Sections... The Chiefs Council will then proclaim him the Amanyanabo-elect and the date for installation, and crowning will be announced later. That on the date of installation, the Dappaye-Amakiri Section again has a role to play and that they had not performed this function of theirs on the 4th Defendant. They did not receive their customary presents and did not accept to officiate and never officiated in the installation and crowing of 4th Defendant. In this instant case, these important procedures relating to the selection, presentation, installation and crowning had not been complied with. They had been bypassed and as such a violation of the native law and custom of Opobo people had been committed. The reasons for the grant of the injunction had thus been shown and proved and the injunction ought to be granted."

Dissatisfied, the Defendants appealed to the Court of Appeal. That Court dismissed the appeal.

Still dissatisfied the Defendants appealed to the Supreme Court. The Plaintiffs also Cross-appealed to the Supreme Court.