The facts are rather straightforward. The Appellant was a senior employee of the Respondent Bank. On the 11th day of August 1987 he was put on suspension, and on the 301'1 day of October 1987 his appointment was terminated.

Aggrieved by the situation, he sued the respondent at the Lagos High Court. He sought a declaration that the decision to terminate his employment was unlawful, null, and void as it offends the Rule of Natural Justice. He also claimed his entitlements and general damages in the sum of N 100,000 against the respondent bank. The Writ of Summons and statement of claim were filed in the Registry of the Lagos High Court on the 7th day of July 1988. The suit was before Fafiade J (as she then was). Pending before the learned trial judge was a Motion to dismiss the suit for want of jurisdiction. Reliance was placed on Section 3 (3) of Decree No. 17 of 1984. On the 14th of April 1989 the learned trial judge ruled that the Lagos High Court had jurisdiction to hear the case and adjourned hearing for the 25t!! and 26th of October, 1989. Trial never commenced before Fafiade J. Her Lordship retired and on the 22nd day of January, 1991 the case came before Olugbani J. (as he then was) for the first time. On the 15th of December, 1993 trial commenced with the appellant (as plaintiff) giving evidence, (see page 145 of the Record of Appeal). The plaintiff concluded his evidence on the 8th of October 1996. No witnesses were taken thereafter, then on the 23rd of September, 2002 the case came before Lufadeju J (as she then was) for the first time, Olugbani J. has since retired.

On the 23rd of September, 2003 both Counsel adopted their written addresses on the issue of jurisdiction. Ruling was reserved by Lufadeju J for the 28th of October, 2003 but subsequently delivered on the 16th of December, 2003.

The objection to jurisdiction was for an order striking out the suit for want of jurisdiction in view of the provisions of Section 251 (1) (p) and (r).

In a considered Ruling delivered on the 16th of December, 2003 the learned trial Judge said in the penultimate paragraph that:

And with the above reasoning the learned trial judge ruled that the Lagos High Court lacks jurisdiction to hear the case and struck it out. The plaintiff (as appellant) appealed to the Court of Appeal. The concluding part of the well considered judgment reads:

This appeal is against that judgment.