Yenagoa –The Presiding Judge of the National Industrial Court of Nigeria, Yenagoa Judicial division, His Lordship, Hon. Justice B. A. Alkali on Friday 15th February 2019 in a landmark judgment declared SMQA III OWEITEIGHA JOSEPH (claimant) as a lawful and bonafide staff of the Nigerian Navy (defendant), ordered payment of N3, 198, 000 accumulated salary arrears from January 2012 to May 2015 within 30 Days.
By amended by a Motion filed on the 7th day of June 2018 which was granted by this Court, the Claimant sought against defendant among others; A DECLARATION that the Claimant is till date a lawful and bonafide employee of the defendants. Likewise, The sum of N3,198,000.00 only being the Claimant’s accumulated salary arrears from January 2012 to May 2015, at the rate of N78,000.00 (Seventy-Eight Thousand Naira), Only.
The Claimant successfully completed basic military and seamanship course, issued a certificate by the Nigerian Navy after being authenticated by the Commanding Officer. In the course of his duty on board the ship, the Claimant’s fell ill upon which he was given medications, which he averred were inadequate.
By his written deposition, the Claimant stated that he collapsed on a particular day while on duty and was rushed for medical treatment but could not be diagnosed. He was thereafter flown back to Nigeria where he was admitted at the Nigeria Navy Hospital, Ojo but despite the diagnoses and treatment at the hospital, his health continued to deteriorate.
He later sought traditional medical treatment and obtained a clean bill of health from the clinic in Edo State. Thereafter, he reported back to the Central Naval Command (Camp Porbeni) in Yenagoa, Bayelsa State but was referred back to the Navy Hospital, Ojo. The Defendants have since failed or refused to redeploy him despite the letters from his Counsel.
Upon cross-examination, the Claimant stated that he did not leave the hospital on his own but at the time he regained consciousness, his family had already taken him for the traditional medicine. He then closed his case.
The Defendants maintained that the Claimant “unfortunately abandoned” the hospital while his treatment was still in progress and without any official document authorizing him to leave. This is in contravention with the Armed Forces Act and the Naval code of conduct and it is considered that such officer is on AWOL (‘Away Without Official Leave’). It also required that the salary of such officer be automatically stopped.
The Defendants declared the Claimant AWOL and struck his name off the Navy database because the Claimant left the Nigerian Navy Reference Hospital where he was placed on treatment without obtaining the approval of the Naval Authority. He concluded by urging the Court to dismiss the Claimant’s suit in its entirety.
In opposition, the Claimant admitted under cross-examination but led oral evidence to the effect that members of his family got the oral approval of the Navy hospital management before he left the hospital to seek alternative medication in October 2011.
Counsel submitted further that the Defendants’ refused to accommodate the Claimant after regaining his fitness and healing despite reporting to the Defendants. Learned Counsel also maintained that the Defendants did not follow the due procedure as prescribed by the ARMED FORCES ACT, 2004 and as such cannot declare him a deserter.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice B. A. Alkali expressed thus;
“The Defendants, however, did not lead any evidence as to the date the Claimant went AWOL, this is even in the face of the uncontroverted oral evidence of the Claimant that he received his last salary in December of 2011.
“Laying bare the evidence before me, the evidence of the Claimant as the medical report not only recommended that the Claimant be released to seek ‘spiritual help’, it also shows that the attention on the Claimant by the Defendants’ nurses ended on the 25th of July, 2011.
“The contention of the Defendants that military personnel like the Claimant can only be treated in a military hospital or a government recognized hospital, does not hold any credence in law.
“And from the records of this court and the evidence adduced there is nothing to show that the Claimant was indeed been tried and convicted by a court martial.
“While the military has authority within its confines to discipline any erring or misbehaving soldier, however, the principle of fair hearing as enshrined in the constitution of the Federal Republic of Nigeria must be the factor in appealing against a misbehaving soldier.
All in all, the court declared that Claimant is till date a lawful and bona-fide employee of the Defendants.
His Lordship ordered Defendants to pay to the claimant the sum of N3, 198, 000 accumulated salary arrears from January 2012 to May 2015, and the sum of 200,000 cost of litigation within 30 Days.
The court also declared the sum of N78,000.00 being the Claimant’s salary per month from June 2015 to date.
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