MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff at the lower court. He was a Principal Technical Officer on Grade Level 10 with the National Commission for Museums and Monuments. Sometime in 1982, the offices of the National Commission for Museums and Monuments were broken into and one Benin bronze head and one thousand copies of a book titled "Treasures of Ancient Nigeria" were stolen. The appellant was arrested by the Police in respect of the theft. He was arraigned before a Magistrate on 17/1/83. On 10/1/83 the appellant was indicted. On 8/4/83 the appellant was discharged by the Magistrate because the prosecution was not ready with the case. The appellant was then queried as to how the items were stolen. The respondents were not satisfied with his explanation. He was dismissed from service with effect from 5th January, 1985.
Aggrieved by the dismissal, the appellant sued the respondents before the Lagos High Court claiming the following: -
"29,594…