The respondent and others as plaintiffs commenced an action by a writ of summons at the Federal High Court, Jos, against the appellant as defendant challenging their suspension from office and order of Court declaring their letters of suspension served on them by the appellant on 21st of June, 1993 illegal, null and void. The suit, 12 in number, were consolidated for hearing by the presiding Judge.

After pleadings were ordered, the appellant raised a preliminary objection challenging the jurisdiction of the Federal High Court Jos, to entertain the suits on the ground that the University of Abuja not an agency of the Federal Government but an agent thereof, and as such the case was not covered by the increased jurisdiction vested on the federal High Court by Decree 107 of 1993 as it amended section 230 (1) of 1979 Constitution.

The trial Judge, after listening to arguments by the parties, dismissed the preliminary objection and held that the university of Abuja is not an agent, but an agency, of the Federal Government.

Dissatisfied with the ruling the appellant appealed to the Court of Appeal.