The appellant held a tenure appointment with the Nnamdi Azikiwe University, Awka as a Deputy University Librarian before taking up a similar appointment with the Central Bank of Nigeria as an Assistant Director. The Bank’s offer of appointment provided that his appointment would be for a probationary period of two years. It also provided that the appointment was pensionable and may be terminated upon giving one month’s notice in writing by either side or the payment of one month’s salary in lieu of notice. His service was to be governed by the Bank’s regulations in force from time to time.

Less than five months after assuming work with the Bank, he was suspended from duty without any investigation, following allegations contained in an anonymous letter addressed to the Deputy Governor (Administration) of the Central Bank. The allegations were that the appellant spent N680, 000.00 of the Bank’s money to buy stolen books, mutilated, out of date and irrelevant to the Bank’s needs and also that he obtained money to buy books and supplied half the titles, keeping the balance.

The appellant reacted to his suspension after which an Investigating Panel was set up to look into the allegation of purchasing books suspected to be old, mutilated and irrelevant between January and April, 1992. The appellant was invited to appear before the Panel and give oral testimony. He was also directed to submit written explanations which he did. He attached exhibit M – M2, a letter written by the director of the company that supplied the books. Despite these, the respondents still found the appellant guilty of wrongdoing and issued him a query which essentially was on the allegation. He submitted a written explanation to the query which was admitted as Exhibit J –J4. After answering the query, he was invited to defend himself before the Bank’s Central Disciplinary Committee. By a letter dated 4th February, 1993 the Bank terminated the appellant’s appointment.

Consequently, the appellant filed an action at the High Court against the respondents claiming a declaration that the termination of his appointment was wrong, illegal, unconstitutional, ultra vires, null and void, the sum of N14, 559,790.70 as special and general damages and, in the alternative, reinstatement.

The trial court dismissed the appellant’s claims. Dissatisfied, the appellant appealed to the Court of Appeal.