Following a publication in the Nigerian Observer of the 10th day of July, 1978, calling for applications for the positions of Presidents and members of the customary courts in Bendel State, the appellant who applied for the post of a member of customary court having been found suitable after the necessary interview was offered appointment on a contract for one year, as a customary court member for Oredo Customary Court on a salary of N2040 per annum. By a letter (Exhibit 'D') dated 27th September, 1978, addressed to him by the appropriate authority (the Interim Customary Courts Judicial Service Committee) his contract of appointment was effective from the 25th day of September, 1978, and by Exhibit 'C' he accepted the said offer of appointment and was duly sworn in soon after as a customary court member. His contract of service was renewed for eighteen months with effect from 26th September, 1979; by this renewal, the appellant's contract of service was to have expired on 25th March, 1981. It should be observed, at this stage, that this contract was executed during the era and administration of the government of Bendel State by the military regime.

On the first of October, 1979, the current civilian government took over from the military regime the administration of Bendel State and the first respondent, Professor Ambrose Alli, became the civilian Governor of the State.

By the Revocation Order published by Legal Notice of the 15th day of January, 1980, in the State Extraordinary Gazette No. 3 Volume 17 of 15th January, 1980, the first respondent in his capacity as Governor of the State revoked the appointments of Presidents and Members of customary courts in the State with effect from 15th January, 1980. This was followed by the publication in another State Extraordinary Gazette No. 6 Volume 17 of the 22nd January, 1980, of Customary Courts (Cancellation of Warrants) Order, 1980 (hereinafter referred to as the "Courts Cancellation Order"); by this Order the first respondent, again, in his capacity as Governor of the State cancelled the warrants of all customary courts in Bendel State with effect from 22nd January, 1980. After the appellant had on 1st February, 1980, filed this action challenging the validity of the Revocation Order, the Bendel State House of Assembly passed a law, the Customary Courts (Abolition) Law No. 10 of 1980 (hereinafter called "the Courts (Abolition) Law"), assented to by the Governor on the 18th day of April, 1980, abolishing all customary courts in the State.

In the High Court, it was contended on behalf of the appellant that both orders (i.e. the Revocation Order and the Courts Cancellation Order) were each unconstitutional, null and void since the Governor has no power under the Constitution of the Federal Republic of Nigeria (1979) (hereinafter referred to as "the 1979 Constitution") or any other law to revoke the appointments of the Presidents and customary courts Members. It was further contended that sub-section (6) of Section 3 of the Customary Courts Edict, 1978 No. 9 of 1978 (hereinafter referred to as "Edict No.9 of 1978") by virtue of which the Governor purported to have cancelled the warrants of the courts in the Courts Cancellation Order is inconsistent with sub-section 4(d) of Section 6 of the 1979 Constitution which now reserves in the State's Legislature (i.e the State's House of Assembly) the power of abolition of customary courts. It was, therefore, submitted that to the extent that the Courts Cancellation Order was intended to abolish customary courts in the State, that Order is ineffective being unconstitutional, null and void. As regards the Courts (Abolition) Law, learned counsel for the appellant submitted that the Law is unconstitutional as it was not made "in conformity with Section 6(4) (b)" of the 1979 Constitution since it did not carry ex facie any indication that the State House of Assembly "no longer require customary courts in the State."

The learned trial Judge, (Uwaifo, J.), upheld the principal contentions on behalf of the appellant. Aggrieved by the above decision the respondents appealed from the said decision to the Federal Court of Appeal (hereinafter called "the Court of Appeal") which on 16th December, 1981, reversed the decision of Uwaifo, J. On appeal the supreme court, the appeal was allowed.