The facts briefly stated, are that the Appellant, has won the contract from the 1st and 2nd Respondents for the rehabilitation of water treatment plants in Yola, Numan and Mubi in Adamawa State (i.e. the Adamawa State National Water Rehabilitation Project) which was sponsored by the World Bank. On 4th July, 1997, the Sole Administrator of the 1st Defendant/Respondent terminated/revoked the said contract No. AAD 01 ICB even when the period for the execution of the contract, had not elapsed. As a result of this revocation, the Appellant as Plaintiff, instituted the action leading to the instant appeal. It claimed/sought the following reliefs in paragraph 47 of its amended statements of claim: (not very correctly reproduced in both of the briefs of the parties).

The 1st and 2nd Defendants/Respondents, counter-claimed. Pleadings were filed and exchanged. The case proceeded to trial with both parties calling witnesses and learned Counsel for the parties addressing the Court and the case, was adjourned for judgment. It was while the parties, were awaiting the judgment, that the learned trial Judge - Banu, J. in the course of writing the judgment, suo motu, invited the learned Counsel for the parties, to address him on the legal effect of the provisions of Sections 51(1) and (2) of Adamawa State Water Board Edict No. 4 of 1996 (hereinafter called 'the Edict/Law") and the non-compliance with its provision.

After hearing the parties on the point of law raised by the Court, learned trial Judge dismissed the Plaintiff/Appellant's claim. The suit was therefore, struck out.

The Appellant's Appeal to the Court of Appeal was not successful. The Appellant further appealed to the Supreme Court.