The plaintiff, Francis Adesegun Katto, was employed as a clerk on 8th April, 1968 by the defendant Bank, Central Bank of Nigeria. By 1st January, 1982, he had risen to the position of a Senior Manager on Grade Level 13 on a salary of N13,600 per annum at the time. On completion of fifteen years of service he was awarded a certificate of Meritorious Service dated 28th December, 1983, About a year and half later, that is, on 1st June, 1984, he was served with a letter of termination of appointment for no apparent reason. When all representations to appropriate quarters to get him reinstated yielded no favourable result, he instituted an action.

The learned trial judge was of the view that since the defendant did not plead any specific Decree in its statement of defence which allegedly ousted his jurisdiction, counsel’s submission could not be a substitute for what was required by law to be pleaded.

Dissatisfied, the Central Bank of Nigeria appealed to the Court of Appeal.