The governing law upon which a selection could be made and the name of the successful candidate sent to the government for recognition is section 13 of the Ondo State High Court Law which enjoins the High Court to observe and enforce the principles of native law and custom which are applicable and not contrary to natural justice, equity and good conscience.

Also to be noted as germane, the fact that section 1 (3)(a) (v) of the Ondo State Chiefs Edict of 1984 specifically provides that the declaration as in this instance Olupoti Chieftaincy Declaration should include the method of nomination by each ruling house.

In the light of those statutory provisions, there was a mandate on the ruling house or houses to state their native law and custom of selection, the steps thereto and what had been done.

Any step of native law and custom for the selection not adhered to would render the selection of no validity being a condition precedent and being the foundation of what is sent to the Local Government, firstly before the State Government would go to no issue on the cardinal principle of not putting something on nothing."

Per PETER-ODILI, J.S.C. in  CHIEF AYOOLA ADEOSUN v. THE GOVERNOR OF EKITI STATE & ORS 2012) 1 SC (Pt. I) 180