The appellant sued the respondent over the termination of his employment. The appellant was employed by the respondent on 22/11/69. He was due to retire on 25/9/92 when he would have reached the retirement age of 55 years. In fact he had observed his pre-retirement procedure some months before his employment was terminated. At the time when the appellant was on posting to a depot of the respondent known as Kidney Island Depot, some property of the respondent referred to as “casing pipes” would seem to have been illegally sold. One of those who appeared to be directly involved in the sale told the police that it was the appellant who authorized him to sell the pipes. Two persons were later prosecuted the police found nothing against the appellant.

Following the letter of termination, the appellant sued the respondent claiming that the termination was null and void, that he was entitled to continue in the respondent’s employment until his normal retirement age and an injunction restraining the respondent from annulling his employment before his retirement age. In the alternative, he claimed the sum of N2, 135,545.27 (Two Million, one hundred and thirty-five thousand, five hundred and forty-five naira, twenty-seven kobo) being what is due to appellant for the wrongful termination of his employment and 20% interest on the amount until it is paid.

After hearing the parties, the trial court dismissed the claim of the appellant and made no order as to costs. Dissatisfied with the decision, the appellant appealed to the Court of Appeal.