The facts of the case are simple and straight forward. They include the fact that Appellant was a Captain in the Nigerian Army haven been commissioned on the 19th day of December, 1980. In January, 1988 Appellant was posted to Artillery Division of the Army, the finance office therein, as the casher until the Division was disbanded in December 1989 resulting in the Appellant being posted to 15 Mechanized Brigade, Yola as the Brigade Finance Officer from January 1990.

In June, 1990 Appellant was requested by signal to report to the Directorate of Military Intelligence, Lagos in connection with an alleged missing N9,000,000.00 (Nine million Naira) from the account of the disbanded Artillery Division with the Central Bank of Nigeria between April and May, 1990, after the Appellant had left the said Division. As a result of investigation Appellant and others were charged to a Special Military Tribunal on Recovery of Public Property which acquitted and discharged the Appellant on the 30th day of July 1993. A copy of the judgment of the said Tribunal was forwarded to Army Headquarters as a result of which by letter referenced (NA/218/DLS) dated 28th February, 1994, the Appellant was recommended for redeployment which eventually came by a letter referenced NA/217/A dated 16th September, 1994. However, on the 31st day of October, 1994, Appellant was by a letter referenced as NA/226/MS dismissed from the services of the Nigerian Army resulting in the Appellant instituting suit No FHC/L/CS/492/98 by virtue of which the dismissal was declared null and void and Appellant reinstated and ordered to be paid his backlog of salaries etc.-

However, by a letter dated 18th June, 2001 and referenced as NA/278/A Appellant was compulsorily retired from the Nigerian Army culminating in the institution of the suit resulting in the instant further appeal.