Col. Hassan Yakubu (RTD) was the Ejeh of Ankpa, a first class traditional ruler and a member of Kogi State Council of Chiefs. In December 1992, Col. Hassan Yakubu (RTD), hereinafter referred to as the 1st respondent/cross-appellant, was deposed as the Ejeh of Ankpa by the Government of Kogi State. Following his deposition the 1st respondent/cross-appellant was detained and his movement restricted in a guest house and only members of his family had access to him.

Aggrieved by his removal as the Ejeh of Ankpa the 1st respondent/cross-appellant commenced an action, vide an application ex-parte, for leave for the enforcement of his fundamental rights. The leave was granted.

At the end, the trial court held that the action was a chieftaincy matter and could not be brought under the Fundamental Rights Procedure Rules. He dismissed rather than strike out the action.

The Court of Appeal reversed the judgment and substituted an order striking out the action and a further order declaring on the merits of the case that the deposition of the 1st respondent/cross-appellant was in breach of the principles of fair hearing.

The appellants’ main appeal against this latter order was later withdrawn leaving only the cross-appeal to the Supreme Court.