This appeal arose from a chieftaincy tussle over the succession to the stool of the Emir of Borgu in Borgu Local Government Area of Niger State which stool became vacant following the demise on 3rd February 2000 of the last incumbent by name Alhaji Musa Muhammed Kigero III. There were many contestants for the vacant stool but principal candidates are Alhaji Haliru Dantoro a former Senator who is the 1st Respondent and Isiyaku Musa Jikantoro, Commissioner for Lands and Survey, Niger State Government, the 1st Appellant in these proceedings.

Arrangement to fill the vacant stool was initiated by a letter dated 7th February 2000 (Exhibit NB/2) written by the Commissioner for Local Government (4th Appellant) at the instance of the Governor of Niger State (3rd Appellant) directing the Chairman of Borgu Local Government to set in motion within 48 hours from receipt of the letter the machinery for the, selection of a successor to the late Emir. At the material time, there were three surviving kingmakers, to wit, the 5th Appellant (deceased), 6th and 7th Respondents, out of a total of five kingmakers two of whom had died. In apparent compliance with the directive in the letter Exhibit NB/2, a meeting of the aforesaid surviving kingmakers was convened on 9th February 2000 at which meeting Alhaji Haliru Dantoro the 1st Respondent herein was unanimously selected by the three kingmakers, in a ceremony that was witnessed by the Chairman of Borgu Local Government, Commissioner for Local Government and Chieftaincy Affairs (4th Appellant) among others.

However, for inexplicable reason, the Governor of Niger State did not give approval to the selection of the 1st Respondent as the new Emir. Rather, the Governor of Niger State (3rd Appellant) pursuant to the Chiefs (Appointment and Deposition) Law Cap. 19, Laws of Niger State, 1989 made an Order dated 10th day of February, 2000 titled "The Appointment and Deposition of Chiefs (Appointment of the Emir of Borgu) Order 2000" (Exh. NB/25/6) whereby he reconstituted the council of Borgu kingmakers by the addition of 6th and 7th Appellants as kingmakers to replace the two deceased ones. The Commissioner for Local Government (4th Appellant) then directed that a second selection exercise be conducted with the three surviving and the two additional kingmakers participating in the exercise, which was slated to take place on Saturday 12th February 2000. Angered by this development, the 1st to 5th Respondents herein, went to the Niger State High Court to apply for and were granted an order of ex parte injunction (Exhibit NB/1) on 11th February 2000 by Auta J. restraining the five kingmakers, that is, the 5th, 6th, 7th Appellants and 6th and 7th Respondents from attending the meeting of 12th February 2000. Notwithstanding the said ex parte order (Exhibit NB/1), the meeting took place as scheduled and at the end of the second exercise, the 1st Appellant Isiyaku Musa Jikantoro was alleged to have emerged as the successful candidate. Those were online the background facts culminating in the suit by the 1st to 5th Respondents as Plaintiffs against the Appellants as Defendants.

The learned trial Judge entered judgment for the Plaintiffs/Respondents.

Dissatisfied the Defendants/Appellants appealed to the Court of Appeal. The Court of Appeal in a unanimous decision dismissed the appeal and affirmed the judgment of the trial Court.

Still dissatisfied the Appellants appealed to the Supreme Court. The Chairman, Niger State Council of Chiefs, also appealed as Appellant/Interested Party to the Supreme Court against the Order of the Court of Appeal.