The Respondent did not rebut the allegation of the Applicant and therefore
confirmed
That the Applicants were amongst the soldiers that were dismissed from the
service of the Nigerian Armed Forces but were later pardoned in 2004
that the Applicants were subsequently reinstated into the Nigerian Army after
their first dismissal but without a letter of employment signifying their tenure
of engagement
according to the Applicants they were subsequently de-kitted, their guns
withdrawn, their identity cards and chased out of the Barracks without due
process as laid down in Section 32 and Section 178.
They were not given any opportunity to be heard
The main issue here for the Court to consider, on determination of the right to work
is the manner in which the Applicants were dismissed. The allegation that they were
chased out and dismissed from the service of the army without being the opportunity
to be heard remain irrebutable throughout the proceedings. For the employees to be
summarily and arbitrarily removed or dismissed by the Respondent without
following due process of the law especially so when there is an enabling Act that
governs such conduct amounts to a breach of those provisions. However, the Court
is mindful that there are provisions in the Armed Forces Act that provided legal
framework for settlement of complaints internally, the relevant provision is Section
32 which provides as follows:
1. Unless otherwise prescribed by this Act, if an enlisted person becomes
entitled to be discharged with all convenient speed; but until discharged, he
shall remain subject to service law under this Act.
3. Except in pursuance of a sentence of a court-martial under this Act, an
enlisted person shall be discharged unless his discharge has been
authorized by order of the respective Service Chief in accordance with
regulations made under this part of this Act.
4. An enlisted person shall be given on his discharge a certificate of
discharge containing such particulars as may be prescribed, provided that,
an enlisted person who is discharged within six months of the date of
attestation shall not be entitled to receive a certificate of discharge.
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