The plaintiff, now appellant, who was a Reader in the 1st defendant/respondent's Department of Chemistry, had by a writ of summons January 27, 1989 commenced an action against both defendants/respondents in the High Court of Kwara State (Coram: Oyeyipo, CJ), challenging the legality and validity of dismissal from 1st respondent's establishment. The appellant sought in the alternative an order for re-instatement.

Pleadings were ordered. delivered and exchanged and the learned Chief Judge. after considering the evidence and appraising the facts, found for the respondents and dismissed the appellant's case. Being dissatisfied with the said decision the appellant appealed to the Court of Appeal, holden in Kaduna. The Court of Appeal (hereinafter referred to as the court below) after considering all the issues raised in the parties ' briefs and in the oral arguments before the court also dismissed the appellant's appeal by affirming the decision of the trial court. The appellant being further aggrieved with the said decision, has now further appealed to the Supreme Court. It was canvassed on behalf of the appellant that as the Appeals Committee was an agent of the council of the 1st respondent, the latter was bound by the revocation of the suspension order on the appellant by the committee. Counsel argued that the agency should have been presumed by virtue of section 149 of the Evidence Act.