The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has declared the summary dismissal of Lance Corporal Monday Edet from the service of the Nigerian Army as wrongful, illegal null and void as same did not comply with the service regulations.

The Court ruled that the alleged offence upon which Lance Corporal Monday Edet was dismissed from service was unknown to any law and there was no evidence before the Court that explains that Brig Gen. who solely presided over the charge against the Lance Corporal Monday was the president of the court-martial.

Justice Alkali granted an order re-instating Lance Corporal Monday Edet to the present rank enjoyed by his colleagues who joined the service the same year with him, and further directed the Nigerian Army, the Chief of Army Staff and particularly the Mechanised Division Kaduna to pay Lance Corporal Monday Edet the sum of N150,000.00 being his Ration Cash Allowance (RCA) which was stopped for ten months as a result of his insanity accusation with payment of all his outstanding arrears of salaries from 8th March 2013 up to date as well as his accrued allowance from 8/03/2013 to date.

The Court awarded the sum of N1,367,000.00 in favour of Lance Corporal Monday Edet as special damages for his household items damaged and the cost of his medication since his sudden dismissal from the Nigerian Army service and the sum of N5,000,000.00 (Five Million Naira) general damages for wrongful dismissal within 30 days.

From facts, the claimant- Lance Corporal Monday Edet had sought a declaration that the summary trial of Brig. Gen. conducted on 8/3/13 in which he purportedly dismissed the Claimant as unconstitutional as the same was contrary to natural justice amongst others.

In defence, the Defendants- Nigerian Army, the Chief of Army Staff and the Mechanised Division Kaduna urged the Court to dismiss the case for being statute barred having been filed outside the 3 (three) months required by the Public Officers Protection Act, 2004, and the suit for being incompetent and an abuse of court that a similar suit having been filed and concluded at another court of competent jurisdiction and an appeal in that regard pending before the supreme court.

The Nigerian Army and 2 others pleaded that Lance Corporal Monday Edet was summoned before his Commanding Officer, charged and to be tried summarily for the offence of Conduct Prejudicial to Service Discipline contrary to and punishable under the Armed Forces Act.

The Nigerian Army averred that Lance Corporal Monday Edet breached the provisions of the traditions, customs and ethics of the Nigerian Army bypassing the chain of command and instructing his solicitors to petition the Chief of Defence Staff, a conduct which is contrary to service discipline and ethics.

In opposition, Lance Corporal Monday Edet argued that the act of the Claimant writing through his lawyers to the Chief of Defence Staff does not constitute an offence under the Armed Forces Act, and urged the Court to grant the reliefs sought.

Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Bashar Alkali dismissed the Nigerian Army objection challenging the jurisdiction of the Court for lacking merit.

The Court held that the Nigerian Army, the Chief of Army Staff and the Mechanised Division Kaduna cannot claim Lance Corporal Monday Edet violated the provisions of the traditions, customs and ethics of the Nigerian without tendering the same before the Court.

Justice Alkali held that the trial and dismissal of Lance Corporal Monday Edet by Brig Gen. without subjecting Lance Corporal Monday Edet to trial by the court martial in line with the Armed Forces Act is null and void.

“All terms of this Judgment are to be complied with within 30 days from without prejudice to right of appeal.”