The National Industrial Court has ordered the reinstatement of a soldier, Lance Corporal Monday Edet, into the Nigerian Army 12 years after dismissal, declaring the processes leading to the officer’s removal from service as illegal.
While ruling that Edet’s removal while serving at the Mechanised Division Kaduna didn’t conform with the service regulations, the court ordered that the Nigerian Army pay the soldier N150,000.00 Ration Cash Allowance (RCA) which was stopped for 10 months as a result of his insanity accusation.
Aside from that, the court sitting in Kaduna yesterday ordered that the Nigerian Army pay Edet all outstanding salary arrears and allowances, particularly from 8th March 2013 to date.
Delivering judgment on the suit, Justice Bashar Alkali ruled that the alleged offence upon which the soldier was dismissed from service was unknown to any law and there was no evidence before the Court that explains that Brig Gen. who solely presided over the charge against the Lance Corporal Monday was the president of the court-martial.
Alkali granted an order re-instating Lance Corporal Monday Edet to the present rank enjoyed by his colleagues who joined the service the same year with him.
The Court awarded the sum of N1,367,000.00 in favour of Lance Corporal Monday Edet as special damages for his household items vandalized and the cost of his medication since his sudden dismissal from the Nigerian Army service and the sum of N5 million general damages for wrongful dismissal within 30 days.
From facts, the claimant- Lance Corporal Monday Edet had sought a declaration that the summary trial of Brig. Gen. conducted on 8/3/13 in which he purportedly dismissed the Claimant as unconstitutional as the same was contrary to natural justice amongst others.
In defence, the Defendants- Nigerian Army, the Chief of Army Staff and the Mechanised Division Kaduna urged the Court to dismiss the case for being statute barred having been filed outside the 3 (three) months required by the Public Officers Protection Act, 2004, and the suit for being incompetent and an abuse of court that a similar suit having been filed and concluded at another court of competent jurisdiction and an appeal in that regard pending before the supreme court.
The Nigerian Army and 2 others pleaded that Lance Corporal Monday Edet was summoned before his Commanding Officer, charged and to be tried summarily for the offence of Conduct Prejudicial to Service Discipline contrary to and punishable under the Armed Forces Act.
The Nigerian Army averred that Lance Corporal Monday Edet breached the provisions of the traditions, customs, and ethics of the Nigerian Army bypassing the chain of command and instructing his solicitors to petition the Chief of Defence Staff, a conduct which is contrary to service discipline and ethics.
In opposition, Lance Corporal Monday Edet argued that the act of the Claimant writing through his lawyers to the Chief of Defence Staff does not constitute an offence under the Armed Forces Act, and urged the Court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Bashar Alkali dismissed the Nigerian Army objection challenging the jurisdiction of the Court for lacking merit.
The Court held that the Nigerian Army, the Chief of Army Staff, and the Mechanised Division Kaduna cannot claim Lance Corporal Monday Edet violated the provisions of the traditions, customs, and ethics of the Nigerian without tendering the same before the Court.
Justice Alkali held that the trial and dismissal of Lance Corporal Monday Edet by Brig Gen. without subjecting Lance Corporal Monday Edet to trial by the court martial in line with the Armed Forces Act is null and void.
“All terms of this Judgment are to be complied with within 30 days from without prejudice to right of appeal.”
