Facts:

Mr. Bernard Longe had served First Bank Plc as an Executive Director following which he was promoted to Managing Director and Chief Executive Officer. Mr. Longe was suspended from office of Managing Director of First Bank Plc on 22 April 2002 upon allegations of impropriety. On 13 June 2002 the Board of Directors of the respondent bank held a meeting without serving a notice of the meeting on the appellant. At the meeting the appellant’s appointment was terminated. Mr. Longe immediately filed an action in the Federal High Court. As plaintiff he sought to declare that his termination was both wrongful and unlawful. The appellant contended that the Board of Directors could not lawfully hold any meeting of the said Board without giving notice to him as a “director” and accordingly all decisions taken at any such meeting is unlawful, invalid, null and void and incapable of having any legal consequence.