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Hon. Justice Sinmisola Adeniyi of the Abuja Judicial Division of the National Industrial Court has set aside the purported summary trial and dismissal of Private Etim from the Nigerian Army for being unconstitutional and unlawful.
The Court ordered the Nigerian Army to reinstate Private Etim into the Service, with payment of outstanding salaries and emoluments in the sum of N1, 947, 711.96 (One Million, Nine Hundred and Forty-Seven Thousand, Seven Hundred and Eleven Naira, Ninety-Six Kobo) from June 2022 till date.
Justice Adeniyi also awarded the sum of N2,000,000 (Two Million Naira) as damages against the Nigerian Army in favour of Private Etim for unlawful dismissal within 30 days.
From facts, the claimant- Private Etim had averred that until her dismissal, she served as a soldier with the Nigerian Army at the Depot, Zaria, that the summary trial conducted against her by the Nigerian Army on a trumped-up charge of away without official leave (AWOL) was false and thereby alleged that her dismissal from the Service was unlawful, unconstitutional and in breach of her right to fair hearing.
In defence, the defendant- Nigerian Army maintained that Private Etim completed her course at NAOWA Vocational Training sometime in December 2020; that she ought to have reported back to her duty post, but after she concluded her course, she failed to report to her duty post without a formal reason given for her absence.
According to the Nigerian Army witness, the dismissal of Private Etim was in accordance with the Rules and Regulations guiding the conduct of personnel of the Nigerian Army, and urged the Court to dismiss the case.
In opposition, Private Etim argued the course was suspended with the outbreak of Covid 19 and the subsequent lockdown in March 2020, and when she reported to her Unit, the Head Clerk told her that the Unit has not received any message of the suspension and the returning message (RTU) for her to return to the Unit; that she regularly reported at the Unit but she was told that the RTU message was yet to be received in respect of her return.
In a well-considered judgment, the Presiding Judge, Justice Sinmisola Adeniyi reiterated that in employment founded by statute, the staff cannot be validly removed from the employment unless the provisions provided in the statute for removing the staff are followed strictly.
The Court held that Private Etim has proved by her Statement of Account that her salary was paid till May 2022, and by implication, the Nigerian Army failed to prove the allegation of AWOL against Private Etim.
The Court reasoned that the evidence of Nigerian Army witness under cross-examination is also proof of the truth of the evidence of Private Etim that she did not get the notification that a message/signal from her Unit (Depot NA) for her return to the Unit after the end of her course, and that the allegation made by the Nigerian Army against Private Etim for the offence of away without official leave remains unsubstantiated.
Justice Adeniyi reasoned that a close examination of the Report of the Board of Inquiry reveals that Private Etim was not invited by the Board of Inquiry for the investigation, and the offence was reported by the same officer, who failed to communicate the return message to Private Etim.
The Court held that the offence of being away without official leave levelled against Private Etim was unsubstantiated, and the whole trial by the Appropriate Authority was unlawful.
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