The facts of the case briefly stated are that the 1st Respondent, was an employee of the Appellant. Allegation of financial misappropriation and/or improper and unapproved grant of overdraft facilities to some named customers at the Branch where the 1st Respondent, worked were made. The 1st Respondent who was on leave, was recalled to appear and answer questions from the Auditors of the Appellant. He duly attended and after hearing from him, he was later interdicted and placed on suspension during which period, he was asked to report to the Police - i.e. the 2nd Respondent.

On the strength of the allegations, the police detained the 1st Respondent in the course of their investigation. Eventually, the police found the said allegations against the 1st Respondent, not substantiated and in consequence, released him. On his release, the 1st Respondent, took out an Originating Motion Ex-Parte at the High Court of Lagos seeking the leave of that Court, to enforce his fundamental right to personal liberty. On 18th October, 1999, that Court, granted leave to him to apply to enforce his said Fundamental Right. The Appellant, dissatisfied with the said grant or decision, appealed to the Court of Appeal (hereinafter called “the Court below") on a lone ground of appeal. Briefs were filed and exchanged. In the 1st Respondent's Brief, he raised and argued a Preliminary Objection as to the competency of the appeal, on the ground, that the said one ground of appeal having regard to the “Particulars of Error", was one of mixed law and fact. That since no prior leave of the Court was neither sought nor obtained, the Court below, was urged by the 1st Respondent, to strike out the appeal. After hearing the learned counsel for the parties on 22nd November, 2000, the Court below in its said judgment, upheld the Preliminary Objection and accordingly, struck out the appeal of the Appellant. It is against that decision that the Appellant has appealed to this Court.