In 1978, appellant was employed by the respondent as Chief Internal Auditor. In October, 1980 the Respondent company terminated the employment of the appellant by giving her three months salary in lieu of notice and all her other entitlements.

Aggrieved, plaintiff sued defendant (respondent) in the Lagos High Court where appellant claimed that her employment was wrongfully terminated. She also stated that prior to her employment a body known as Management council was established for the defendant company vested with specific duties including Management and Administration of the Company and recruitment, termination, dismissal of and regulation of conditions of service of both senior and junior personnel in so far as it did not relate to themselves and that the action of the Managing director in terminating her employment was ultra vires.

The trial Court thereafter held that the appellant contract of employment was wrongfully terminated. Respondent company appealed against this judgment to the Court of Appeal which in a split judgment allowed the appeal.

Appellant went to the Supreme Court.