The case for the Appellant, who was the Plaintiff in the trial court, was that he joined the Nigeria Police Force in 1988, and rose to the rank of a corporal. In March, 1993, the Appellant and one Police Officer, Corporal Philip, arrested one Abba Tijjani, who was in possession of clippers suspected to be stolen property at the instance of one Alhaji Audu. In the course of investigation, the suspect had bolted out/fled and the Police Officers were arrested and charged to Orderly Room trial for "Discreditable Conduct" contrary to and punishable under paragraph (iii) of First Schedule of Police Regulation 355 of 1968. Both Respondents were said to make efforts to re-arrest the said suspect, who confessed that he stole the barbing clippers and ultimately he was charged to Court. For the meantime, the Respondents (the Appellant and Cpl. Philip Audi) were still in custody when the Orderly Room trial was concluded and they were (bund guilty and dismissed from the Nigeria Police Force.

Apart from denying all the Appellant (in the Court of Appeal) allegation the Respondents Appellant asserted that when the Appellant arrested the suspect he did not take him - Abba Tijjani - to the Police Station, but deliberately allowed him to escape so that they could sell the clippers. The Appellant changed to MUFTI and proceeded to a Saloon around the Post Office to sell the clippers. It was in the process of selling the two clippers that the owner of the Saloon identified them as the stolen clippers of Mr. Godwin. Hence the Appellant was found guilty and dismissed from the Nigeria Police Force.

The Defendants successfully appealed against the above decision of the trial Court to the Court of Appeal Jos Judicial Division following which the Appellant appealed to the Supreme Court.