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Enugu –His Lordship, Hon. Justice I. J. Essien of the National Industrial Court of Nigeria, Sitting in Enugu on Tuesday 26th February 2019 in a judgment, ordered THE NIGERIAN ARMY (defendant) to immediately implement the Reinstatement and Compulsory Discharge of LANCE CORPORAL GREMA WAMULDU (Claimant) which was approved by the then General Officer Commanding 82 Division, Nigerian Army Enugu, acting on the powers conferred by memo No AHQDOAA/G1/300/189 of 10th December 2010 as ordered by the Chief of Army Staff.
The claimant on the 10/11/2017 sought against the defendant among others; AN ORDER of this Honourable Court that the defendant shall implement the Reinstatement and Compulsory Discharge of the Claimant from the Nigerian Army which was approved vide 82DIV/Gl/300/74 dated 22nd March 2012 by Major General O.O. Oshinowo, (N/6733) then General Officer Commanding 82 Division, Nigerian Army Enugu.
Likewise, AN ORDER of this Honourable Court that the defendant pays to the Claimant monthly salary arrears of N56,000.00 (Fifty Six Thousand) and 20% interest of (sic) N 56,000.00 from 9th May 2001 when he was unlawfully dismissed until the final determination of this suit, And N20,000,000.00 (Twenty Million) naira general damages.
The claimant testified that he was enlisted in the Nigerian Army in 1995. That he was tried along with one officer for the offence of theft pursuant to Armed Forces Act CAP A20 LFN 2004) That upon his conviction for the said offence he was awarded the punishment of reduction in rank.
However, he was retried by the Brigade Commander and awarded the punishment of dismissal from the Nigerian Army. The claimant petitioned the Nigerian Army high command and the dismissal was nullified and voided by the Chief of Army Staff. He was reinstated and discharged with all his entitlements.
He testified that before his case could reach the Chief of Army Staff to be considered, the Chief of Army Staff vide a directive directed the GOC to dispose of all similar cases in their divisions. The defendant testified that on the 22/3/2012 his dismissal was reviewed by GOC and commuted into compulsory discharge.
Despite the fact that the claimant has duly completed the formality for the discharge and has also written several letters demanding for the payment of his entitlement, the defendant has refused to pay the claimant his entitlement hence this action.
The defendant witness in his witness deposition stated that the GOC had no power to review a summary trial or commute a lawful dismissal of the claimant to compulsory discharge (retirement) in the Nigerian Army that the issue of review of summary trial, reinstatement or discharge of any kind in the Nigerian Army is the exclusive power of the Chief of Army Staff and not the General Officer Commanding.
After careful evaluation of all the submissions and processes filed, and thorough review of the provisions of the Armed Forces Act Cap A 20 Laws of the Federation of Nigerian 2004, the presiding Judge, Hon. Justice I. J. Essien expressed thus;
“I find the testimony of defendant witness Staff very misleading and has exhibited ignorance of the law regulating review of summary dismissal as stated in S. 147(1), S. 147(3)(a), S147(4) and S.128(1) (a) and (b) of the Armed Forces Act 2004.
“I am strongly of the opinion that such powers had already been vested in the GOC 82 Division by the provision of S. 147(1)(4), S. 147(3)(a) and S.128(1) (a) and (b) of the Nigerian Army Act 2004. The defence put forward by the defendant, in this case, is a defence which violates the provision of the Army Act.”
The court ordered defendant forthwith to implement the Reinstatement and Compulsory Discharge of the Claimant from the Nigerian Army which was approved by the then General Officer Commanding 82 Division, Nigerian Army Enugu, acting on the powers conferred by memo No AHQDOAA/G1/300/189 of 10th December 2010 as ordered by the Chief of Army Staff.
His Lordship also ordered the defendant to ordered to pay the sum of N 1,000,000 naira as general damages to the claimant within 30 days.
