Our Reporter 

The National Industrial Court of Nigeria on Tuesday nullified the dismissal of Lance Corporal Abdul Umar from the Nigerian Army and ordered his immediate reinstatement.

Joined as co-defendants in the suit are: the Armed Forces Council, Chief of Defence Staff, and the Minister of Defence.

Delivering judgment, Justice Oyebiola Oyewumi held that the summary dismissal of the claimant was done in excess of the powers conferred on the commanding officer.

The judge also said there was no evidence to show that the claimant was allowed to make personal or legal representation before he was convicted.

She described the action as “an act that offends the principle of natural justice”.

Justice Oyewumi dismissed the objections of the defendants for lacking in merit.

The judge said the trial was done in violation of the rules of natural justice, as enshrined in the 1999 Constitution, as amended, and could not be the foundation of any action.

Read Also: Olu of Warri crisis: Why I went to court – Ologbotsere

“The fact that the claimant was rightly brought before the Commanding Officer will not excuse the defendants from the consequences of non-compliance with the stipulated procedures.

“Any act which occasioned miscarriage of justice against a party should not be allowed to stand,” she ruled.

The judge also ordered the payment of the claimant’s salaries and allowances from September 20, 2007 till date.

The court also awarded N1 million in favour of the claimant.

The claimant, through his counsel, Michael Ukachukwu, in his complaint, dated February 24, 2021, submitted and contended that his trial was conducted against legal standard.

He added that his client was not given fair hearing as the claimant, with his other dismissed colleagues, wrote several letters of appeal to the authorities but to no avail.

Ukachukwu also averred that the offence under which the claimant was charged could only be tried by a Court Martial and not summary trial.

But the defendant asserted that the claimant’s summary trial and subsequent dismissal was in accordance with the laid-down procedure in the military.

It also argued that the dismissal was in accordance with applicable laws, procedures and was allowed to defend himself after which he was found culpable.

The defence equally objected that there was no cause of action against them and that the suit was statute-barred having been brought outside the statutory period of three months.