submitted that their right to work had been violated contrary to Article 6 (1), 7(a) (i) & (b) of the International Convention on Economic, Social and Cultural Rights and Article 15 of the African Charter on Human and People’s Rights (ACHPR) and Article 23 of the UDHR. Requirement to comply with the applicable law In the service of the Armed Forces of Nigeria an officer can only be dismissed if the dismissal is in accordance with the provisions of the Armed Forces Act of the Federal Republic of Nigeria. Amongst which, Section 32 of the said Act 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. For the employees to summarily and arbitrarily remove or dismiss the Applicant without following due process of the law when the Act so provides will amount to a violation of his rights. The case of the Applicant is that they were not given the opportunity to be heard before a neutral and duly constituted Court Martial in any charge that is brought against them and if found guilty the order of sentence of the Court will be implemented accordingly. This follows the case of the reported dismissal without due process, as already stated, which is contrary to the provisions of Section 178 of the Armed Forces Act the Federal Republic of Nigeria. To these allegation the Respondent did not advance any legal argument and or present evidence to rebut the claim by the Applicant. From the evidences the following issue were identified as having been agreed by the Respondent and admitted in his pleadings. 12