The brief summary of the plaintiff's claim is for a declaration that the plaintiff's employment with the defendant has not been terminated or properly terminated and that the letter dated 14th February, 1981 purporting to terminate the plaintiff's employment with the defendant was wrongful, irregular, null and void and of no effect. The plaintiff also claimed to be entitled to substantial damages for defamation arising from the letter of termination issued to him. He further claimed his monthly salaries and other fringe benefits from the 17th December, 1980 until delivery of the judgment discharging him of the criminal case before the Magistrate court. The defendant denied all the claims.

The learned trial Judge held that the appointment of the appellant was not unlawfully terminated but merely wrongfully so terminated. He awarded the plaintiff his full salaries and fringe benefits from January, 1981 during which the plaintiff was on suspension and on half pay, to 14th February, 1981 when he received a letter terminating his appointment. The learned trial Judge also awarded to the plaintiff the sum of N318.33 being one month salary and fringe benefits in lieu of notice.

Dissatisfied, appellant went on appeal.