Facts:

The respondents were employees of the former Benue Cement Company, Plc, taken over by the present appellant, who were suspended indefinitely for an investigation to be carried out on allegations of fraud and theft in the company’s commercial/marketing department. The respondents protested their indefinite suspension and when the company failed to do anything about it, they filed the action at the trial court against the company and an injunction was issued that no further disciplinary action be taken against the respondents during the pendency of the action.

Meanwhile, the Benue Cement Company, Plc. was acquired and taken over by the appellant and the employment of the respondents along with other employees of the acquired company, was terminated. As a result, the respondents amended their claims before the trial court to include reinstatement and payment of entitlements from the date of the indefinite suspension and termination of employment based on a breach of their contract of employment.

At the end of trial, the indefinite suspension and termination of the respondents were declared unlawful, illegal and void, and the company was ordered to pay all their entitlements from the date of the suspension, termination and disengagement. Dissatisfied, the appellants filed an appeal to the Court of Appeal wherein its appeal was dismissed. Further dissatisfied, the appellant filed an appeal to the Supreme Court.