By Elvis Evbaruovbokhanre Asia
Case: EX-LCPL Monday Edet V. The Nigerian Army & Ors [1]
Judge: Justice Bashar A. Alkali
Date: 23/012025
Main Issues of Law
- Proof of the channel of communication in the Nigerian Army.
- Constitution of Court Martial in the Nigerian Army.
Summary of Facts
The Claimant was summoned before his Commanding Officer, charged, and summarily tried for the offence of Conduct Prejudicial to Service Discipline contrary to and punishable under Section 103 of the Armed Forces Act, CAP A20, Laws of the Federation of Nigeria, 2004. He was dismissed from service based on allegations that he bypassed the chain of command by instructing his solicitors to petition the Chief of Defence Staff.
The Claimant filed an action claiming wrongful dismissal, damages for the destruction of his personal items after his removal from the barracks, and reinstatement.
The Defendants argued that the Claimant breached the traditions, customs, and ethics of the Nigerian Army by bypassing the chain of command, contrary to service discipline and ethics.
Court’s Decision
The court granted the Claimant’s claims, except for the claim of defamation, citing lack of jurisdiction. The court found:
- The Defendants failed to establish the proper channel of communication for complaints within the Nigerian Army.
- There is no provision in the Armed Forces Act specifying such a channel.
- Only a properly constituted Court Martial, as mandated under Section 133 of the Armed Forces Act, can try personnel. Brig. Gen. Laleye’s actions failed to meet this requirement.
The trial and dismissal of the Claimant by Brig. Gen. Laleye were declared null and void. The court awarded N5 million in general damages, special damages for the destruction of the Claimant’s property, and ordered his reinstatement.
Legal Principles Relied Upon
- Proof of Channel of Communication in the Nigerian Army
A crucible perusal of the provisions of the Armed Forces Act will unmistakenly reveal that no provision in the Armed Forces Act provides for the channel of the communication of the complaints of the aggrieved employees of the 1st Defendant. The Defendants pleaded and led evidence to state that the Claimant breached the provisions of the traditions, customs and ethics of the Nigerian Amy by bypassing the chain of command and instructed his solicitors to petition the Chief of Defence Staff, a conduct which is contrary to service discipline and ethics. Unfortunately, the Defendant did not tender any condition of service or employees’ manual which contained the so-called provisions of the traditions, customs and ethics of the Nigerian Amy purported to have been breached by the Claimant.
The Defendants who alleged the existence of the provisions of the traditions, customs and ethics of the Nigerian Army have the burden to prove the same, failure to tender the alleged provisions of the traditions, customs and ethics amounts to withholding evidence. there is no such provisions of the traditions, customs and ethics of the Nigerian Amy which provides for the mode of channeling complaints.
- Constitution of Court Martial in the Nigerian Army
Any court martial which is not constituted as required by the provision of the Armed Forces Decree is just like a court or a tribunal which is not properly constituted. And if a court is not properly constituted, any process issued or trial conducted by it is a complete nullity ab initio.
Commentary:
This decision is significant in addressing abuses and mistreatment of soldiers within the Nigerian Army. It underscores that disciplinary actions must adhere to the Armed Forces Act, especially regarding the constitution and jurisdiction of a Court Martial.
The case highlights systemic issues such as corruption, a culture of silence, and punitive actions against soldiers who raise complaints. This ruling offers hope to affected soldiers, emphasizing the importance of the expanded jurisdiction of the National Industrial Court of Nigeria (NICN) when appropriately applied.
However, the court’s decision on the channel of communication should be viewed within the context of the specific case. The Nigerian Army, as a regimented institution, is expected to have formal procedures for complaints. If such a process exists and is breached, disciplinary actions through a properly constituted Court Martial may be justified.
Elvis E. Asia is the Managing Partner of Law Future Partners and a PartneratBols Attorneys, Nigeria. He has an LLB, Ambrose Alli University; and LLM from the University of Lagos. He is a member of the Chartered Institute of Arbitrators, United Kingdom, Institute of Chartered Secretaries and Administrators of Nigeria and the Chartered Institute of Taxation of Nigeria. Elvis is the author of the book ‘Oil and Gas Insurance and Nigeria’s Local Content Policy’
[1] SUIT NO: NICN/KD/08/2022. Available online at https://www.nicnadr.gov.ng/judgement/judgement.php?id=9605