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signifying their tenure of engagement  according to the Applicants they were subsequently de-kitted, their guns withdrawn, their identity cards and chased out of the Barracks without due process as laid down in Section 32 and Section 178.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. 13

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