The appellant (an Air Force Officer) was compulsory retired from the service vide a letter of 20th October, 1989 under the hand of one Wing Commander A. Ekehon on behalf of the Chief of Air Staff.

The appellant applied to the High Court by motion ex parte for leave to apply for a prerogative order of certiorari to remove into the High Court for quashing, the decision to retire him. Following the grant of the ex parte motion, the appellant then applied for an order of certiorari to have the decision quashed in the High Court and for an order to reinstate him in the Nigerian Air Force.

The bastion of the appellant's case in the court below as evident from his affidavit was that it was the Chief of Air Staff who retired him and not the Air Council, and that he was not given a fair hearing. On the other hand, the respondents contended that the retirement was authorised by the Air Council and stated that the appellant was given all the time in the world to defend and exculpate himself. After hearing, arguments from counsel on both sides, the learned trial Judge dismissed the application. Whereupon the appellant appealed against the judgment of that Court.

The appellant felt aggrieved by the judgment and he appealed to the Court of Appeal.