The appellants were plaintiff in Suits Nos. PLD/J/206/92, PLD/J/211/92 and PLD/J/337/92 variously instituted against the respondents were consolidated and tried together. Judgement was given against the appellants who filed an appeal.

The appellants were Kingmakers of Doma and had sought to restrain the Governor of Plateau State, the 1st respondent, from instituting the Judicial Commission of Inquiry into the vacant stool of Andoma of Doma or from accepting or implementing the recommendations of the said Judicial Commission of Inquiry.

At the trial, Alhaji Ari Doma, (9th respondent) sought to be joined, and testified as D.W. 2. Following judgment of the trial court, on 30th October, 1993, the said D.W. 2 was selected as a candidate to fill the vacant Andoma stool by the 1st respondent, Subsequently, the appellants/applicants by a motion on notice dated the 25th of February, 1994 brought pursuant to Section 16 of the Court of Appeal Act, 1976, Order 3 rule 3 (1) of the Court of Appeal Rules, 1981 and Section 33 of the 1979 Constitution prayed the court for the following orders:-

And for such further or other orders as the honourable Court may deem fit to make in the circumstances."

The application was supported by a 7 paragraph affidavit sworn to by one Tunde Dania Esq. In the affidavit it was stated that the person sought to be joined i.e. Alhaji Yahaya Ari Doma is a necessary party and that the said Alhaji Yahaya Ari Doma's interest will be affected if the court gives a decision one way or the other in the substantive appeal. he also averred in the affidavit that the appellants/applicants filed an application at the Court of Appeal seeking among others an order of interlocutory injunction against the respondents including the party sought to be joined, Alhaji Yahaya Ari Doma.

The respondent filed a counter-affidavit deposed to by one Abraham Aworinde. In the affidavit the respondents contended that the person sought to be joined is not a party whose interest will be affected if the case is decided by the court. That none of the claims of the appellants/appellants is against the rights of the party sought to be joined and that the said Alhaji Yahaya Ari Doma had been appointed to the stool of Andoma of Doma and have since been carrying out the functions attached to that office.