The plaintiff who holds a Bachelor of Science Degree in Mechanical Engineering was formerly employed in the Nigerian Navy as a Lieutenant Commander. In June, 1980 he retired voluntarily from the navy and joined the services of the defendants by an inter service transfer from the federal Ministry of defence (Nigerian navy) as a principal mechanical Engineer on 21/7/80 on salary grade level 12. From there he was promoted to the post of Deputy Chief Mechanical Engineer in the Ministry of Works and Transport. Finally he was appointed the general Manager of Delta Boat Yard Ltd., Warri by the Governor of Bendel State within effect from 10th February, 1984, on salary Grade Level 16.

Following a criminal charge brought against the plaintiff at an Ikeja High Court in connection with offences alleged to have been committed by him when he was in the Navy, he received a letter from 3rd defendant on 28th March, 1984, interdicting him from duty. At the end of the criminal prosecution in Lagos, plaintiff said he was found guilty and convicted in only one of a six count charge. He appealed against his said conviction to the Court of Appeal, Lagos Division, where his conviction in the one court was quashed, and he was acquitted and discharged in December, 1988. Plaintiff then averred that throughout the period of his interdiction, his entire salary was stopped by the 3rd defendant instead of half of his salary being paid to him as required by the Civil Service Rules under which he was interdicted.

On 13th December, 1988, his Solicitors wrote to the defendant informing them that he had won his appeal in Lagos, and requested that the plaintiff be reinstated. However, instead of getting a letter of reinstatement, the plaintiff later received a letter Ref. P.C.7950T/57 dated 1st June, 1989, from the defendants informing him for the first time that he had been pruned from the service. According to plaintiff, he was removed from service in 1984, while he was still under interdiction. A copy of the letter pruning No.S.502/T/230 dated 25th April, 1984 was then forwarded to him along with letter No. CP. 5455T/138 of 21st September, 1989.

Prior to trial commencing respondents raised an objection to the jurisdiction of the High Court and sought an order dismissing the appellant's action.

It was held that the appellant's termination is caught squarely by Decree No. 17 of 1984 and that, accordingly, he had no jurisdiction to entertain the action. He therefore dismissed the action.

Aggrieved by the ruling of the High Court the appellants has appealed to the Court of Appeal.