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His Lordship, Hon. Justice Sanusi Kado of the Abuja Judicial Division, National Industrial Court of Nigeria on Monday 9th April 2018 in a ruling dismissed preliminary objections raised by the defendant in the case of COL. DANLADI RIBAH HASSAN (RTD) claimant v. NIGERIAN ARMY & 8 ORS Seeking to void his compulsory retirement from service.
The Claimant commenced this suit via a complaint dated 6th September 2016 seeking to void his compulsory retirement, reinstatement and payment of compensatory, aggravated and exemplary damages in the sum of One billion Naira.
The Defendants Counsel urged the Court to strike out the suit for being incompetent due to non-fulfillment of condition precedent and for being premature, incompetent and for want of jurisdiction, with substantial costs against the Claimant.
In opposing this application, the Claimant filed a 17 paragraphs counter-affidavit, wherein he stated that vide the content of his letter of compulsory retirement dated 9th day of June 2016, he was retired on disciplinary grounds i.e serious offences. He also stated that the letter of compulsory retirement conspicuously stated he may appeal to Mr. President, Commander in Chief of the Armed Forces, through the Chief of Defence Staff within 30 days of the service of the letter of compulsory retirement. He further stated that he wrote to the president, and Commander in Chief of the Armed Forces Through the office of Chief of Defence Staff within 30 days of the service of the letter of compulsory retirement and the said letter was acknowledged vide exhibit ‘A’, wherein the letter dated 8th day of August 2016, stated that the appeal is receiving attention.
The claimant further stated that after the expiration of 30 days of compliance with the content of the letter of retirement and over three months after he was wrongfully retired, he was left with no option than to seek redress in a competent Court of law.
The presiding Judge, Hon. Justice Sanusi Kado after reviewing the arguments and submissions of parties expressed thus;
“After careful perusal of the originating court processes commencing this suit, the motion on notice and its supporting affidavit, counter affidavit and the addresses of counsel for both parties.
It is patently clear from the foregoing authorities that for a court of law to be competent to exercise jurisdiction over a matter all conditions precedents to exercise of jurisdiction must be fulfilled. This has not been disputed by parties in this case. The only area of disagreement between the parties is in respect of whether the letter of complaint written to President, Commander in Chief amount to fulfillment of condition precedent provided for in section 178 of the Armed Forces Act.
Based on the letter of appeal written to the president, Commander-in-Chief of the Federal Republic of Nigeria, the Court of Appeal opined that the Appellant has substantially complied with the condition precedent before instituting his action.
In the circumstance, I hold that there is a cause of action capable of being enforced, as all the bundle of aggregate facts which the law will recognize as giving the Claimant a substantive right to make the claim against the relief or remedy being sought before the Court have been disclosed in the pleadings.
In view of the foregoing, it is the findings of this Court that the Claimant has substantially complied with section 178 of the Armed Forces Act and that the pleading of the Claimant has disclosed a cause of action capable of being enforced.
In view of my findings above the Defendants objection to this suit failed and is hereby dismissed.
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