The Appellant was employed as a driver by the Respondent in 1977. He was based in the Respondent's office in Markurdi. In the course of his official duty in December, 1990, he was involved in an accident. He was issued with a query and suspended from duty. On 28th June, 1991, his employment was terminated. On 28th July, 1995, he instituted an action in the Benue State High Court, holden at Markurdi in which he claimed for (a) a declaration that his suspension from duty was null and void; (b) a declaration that the termination of his employment was null and void; (c) a declaration that he is still in the employment of the Respondent; and (d) an order reinstating him as driver and for the payment of all his entitlements and allowances including the salary due him.

The main thrust of the Appellant's case was that the proper procedure was not followed before his employment was brought to an end. On 26th June, 1996, in a considered judgment, Puusu, J dismissed the suit, holding that the proper procedure was observed. The Appellant appealed to the Court of Appeal, Jos Division. In that Court, the question of the jurisdiction of the High Court of Benue State to entertain the suit was canvassed on the basis of the Constitution (Suspension and Modification) Decree No.107 of 1993 which amended Section 230(1) of the 1979 Constitution. In its judgment, the Court of Appeal declared the proceedings and the judgment of the Court below as having been embarked upon without jurisdiction. The appeal was accordingly struck out.

Dissatisfied, the Appellant appealed to the Supreme Court.