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Abuja – His Lordship, Hon. Justice S. O. Adeniyi of the National Industrial Court of Nigeria, sitting in Abuja on Monday 10th December 2018 in a judgment validated the dismissal of GUNNER JOVIAL JEROME (claimant) from the service of THE NIGERIA ARMY (defendant) based on the evidence on record and the totality of the circumstances of the matter. The court further dismissed the suit in its entirety for lacking merit.
The Claimant commenced the instant action vide Complaint and Statement of Facts filed on 14/05/2014. By an Amended Statement of Facts filed on 05/03/2016, pursuant to the order of Court made on 15/11/2016, the Claimant sought against the Defendant among others; A declaration that his trial and subsequent dismissal from the Nigeria Army is unlawful, null, void and of no effect whatsoever. A declaration that the Plaintiff is still in the employment of the 1st Defendant.
Likewise, A declaration that the Plaintiff is entitled to his salaries, other benefits and emoluments right from the time of his dismissal till date.
The facts culminating in this suit, as gathered from the Statement of Facts, in a nutshell, is that the Claimant was as a soldier of the rank of a Gunner (a Private) in the service of the Defendant. While in the service of the Defendant, the Claimant was alleged to have had an illicit relationship in his official quarters. The Claimant was investigated and he was summarily tried and subsequently dismissed from the Nigeria Army.
Its contention of the Defendant that the summary trial and dismissal of the Claimant from the Nigeria Army by the Commanding Officer was proper and in accordance with the Law.
In the address filed on 06/08/2018, the Defendant’s learned counsel, Shuaibu Isah, Esq., raised a sole issue as having arisen for determination in this suit, Whether from the evidence before this Honourable Court, the summary trial and consequential dismissal of the Claimant from the Nigeria Army by the Defendant on 30th March 2007 was in accordance with the relevant provisions of the applicable law?
The Claimant alleged that his dismissal was shrouded with a lot of irregularities and that it was not done in accordance with the operative Statute and that he was not given fair trial and that all the three offences with which he was charged can only be tried by a Court Martial and not by any organ of the Defendant.
Learned counsel for the Defendant submitted that the Claimant’s claim is based on the erroneous belief, which is apparent from his depositions that he was investigated, charged, tried, convicted and dismissed by a Regimental Inquiry or Board of Inquiry.
After careful analysis of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice S. O. Adeniyi expressed thus;
“I have taken due cognizance and benefits of the totality of the written and oral arguments canvassed by learned counsel on both sides to support the issues
“Based on the foregoing therefore, I find nothing to fault the investigation by the Regimental Inquiry or the Investigation Panel. It is my view, therefore, that the Claimant was afforded fair hearing during the investigation by the panel. And I so hold.
“I agree with the learned counsel for the Defendant that by the provisions of Sections 123 and 124 (2), (5) and (6) of the Armed Forces Act (supra), a Commanding Officer of a battalion (such as the Claimant’s unit) has the powers to summarily try a service personnel alleged to have committed any offence except offences under Section 124 (6) (a) of the AFA.
“In the final analysis, what the Court had demonstrated, through the evidence led on record and the totality of the circumstances of this case is that the termination of the Claimant by the Commanding Officer of the Defendant is valid.
“The final result, therefore, is that the case of the Claimant must and hereby fails in its entirety. It is hereby accordingly dismissed.” Justice Adeniyi Declared.
