Court Asks Dismissed Soldiers To Pay Nigerian Army N150,000

The National Industrial Court sitting in Abuja has given its verdict in a suit instituted by Corporal Timothy Ode and 119 other personnel against the Nigerian Army, Chief of Army Staff, and the Nigerian Army Council.

The claimants alleged that without given them fair hearing in 1998, 2000, 2001 and 2004, the Army authorities dismissed them for misconduct.

Their lawyer, Mohammed Shehu Esq, argued that in violation of the laws of the country, the NA further converted the summary dismissal of his clients to compulsory discharge.

According to a statement by the NIC on Thursday, “they sought for reinstatement and payment of their salaries, allowances and to accord all privileges beginning from the years 1998, 2000, 2001 and 2004 being the time of the wrongful summary dismissals.”

In his objection, Counsel for the NA, Michael A. Adoyi contended that from evidence, the dismissal of the claimants came after they confessed to have being involved in certain misconducts.

Adoyi held that the issue of lack of fair hearing did not arise.

He also said that the suit was statute barred (out of time) since it was filed 10 years ago.

He added that when those who were accused of misconduct were probed, “those whose records were updated and genuine were paid their respective gratuity and entitlements.”

In her judgement, Hon. Justice Ayodele Obaseki-Osaghae found the claimants’ arguments as lacking in merit.

She held that even though they were dismissed, the soldiers were later reinstated but was discharged on the orders of the COAS.

“In other words, if the claimants were wrongly dismissed, it had been rectified by reinstatement into the Nigerian Army.

“The Chief of Army Staff (COAS) who is the Service Chief exercised the powers given to him in Section 32 (3) of the Armed Forces Act when he authorized a compulsory discharge of the claimants.

“I find that the claimants were reinstated as soldiers before they were discharged.” Justice Obaseki-Osaghae ruled while awarding N150,000 cost against the claimants.