The background to the case is simple and not complicated. Before 1966 or between 1964 and 1966, the Appellant was a public officer in the then Western State of Nigeria, Ibadan. After the Military take over of this country in 1966, the Federal Military Government empowered State Governments to set up various tribunals to investigate assets of public officers, and take appropriate actions. As a result, the Shomolu Tribunal of Inquiry was set up in Western State of Nigeria which investigated the assets of public officers including the Appellant. After the investigations, some assets belonging to the Appellant and other persons were confiscated and forfeited to the Western State Government. These assets were then published in the Western State of Nigeria Notice No.99 of 1967. The property now in dispute was listed in the said notice as having been confiscated from the Appellant and forfeited to the Western State Government, Thereafter Decrees and Edicts were promulgated by the Military governments validating the forfeitures published as a result of investigation of assets.

In 1967, the Appellant challenged the confiscation and forfeiture of his property which is now in dispute by an action in the High Court in Ibadan. He applied for a writ of certiorari to quash the order confiscating and forfeiting his property and declaring all the validating Edicts and Decrees applicable to the said forfeiture as null and void.

The trial court dismissed the Appellant's action and confirmed the forfeiture order. The Appellant appealed to the Supreme Court by his case No.SC.58/69 and the Court allowed his appeal on 24th April, 1970, declared the validating Edict 1967 null and void and quashed the forfeiture order.

Later on 27th February, 1989, one D.S.P. Mrs. Igbinadolor came to Modakeke and arrested P.W. 2 and his father and took them to the Nigeria police headquarters, Ibadan, and detained them there. The said D.S.P. Igbinadolor also recovered from the plaintiff’s Counsel the draft of N2,400.000.00 issued by the 1st defendant in favour of the plaintiff. Upon investigation it was found that there was a complaint by one Maurice Zard of the 2nd defendant that the 3rd defendant collated money from him for supply of cocoa which he failed to supply to the 2nd defendant. It was also discovered that the 2nd defendant was using the 5th and 6th defendants to recover the draft from the 3rd and 4th defendants who wants to collect the value of the draft from 1st defendant and pass same to the 2nd defendant

The Federal Military Government did not take kindly to this judgment of the Supreme Court and it swiftly promulgated Decree No.28 of 1970, title "The Federal Military Government (Supremacy of Powers) Decree 1970", which nullified the decision of the Supreme Court in Sc. 58/69 and declared it null and void and of no effect whatsoever. This then meant that the forfeitures were revived and were validly made, and all properties forfeited by Western State of Nigeria Notice No.99 of 1967 belonged to the Western State Government. Following this, the Western State Government advertised some of the forfeited properties including that of the Appellant now in dispute, in the daily newspapers for sale. The 1st Respondent saw this advertisement and after complying with the requirements thereof, he eventually selected and bought the Appellant's house at No NW5/540 Salvation Army Road, Ibadan, from the Western State Government in 1972. The said government conveyed the property to the 1st Respondent by a deed of conveyance (Exh. P.4) and put him in possession. He thereafter put the 2nd, 3rd and 4th Respondents as tenants in the house. In 1984, the Appellant brought this action for re-possession of the house in dispute.

The learned trial Judge dismissed the Plaintiff/Appellant's claims in toto. The Appellant appealed to the Court of Appeal and the Respondents cross-appealed. The Court of Appeal dismissed the appeal and allowed the cross-appeal. The Appellant was dissatisfied and he further appealed to the Supreme Court.