d. The Respondent prays the Court to dismiss the application as the
Applicants had shown no content with the judgement of the Court but
is subtly seeking the Court to reopen its decision and make an order
for the reinstatement of the Applicants even when it is obvious that
the court is not an industrial Court.
6. In order to address the reliefs sought in the current Application, it is imperative for
the Court to revisit the facts and reliefs sought in the initiating application.
G. Summary of Facts in the initiating application.
a. The Applicants (244 enlisted soldiers) were, until their dismissal in
2016, soldiers in the Nigerian Army. They averred that they were part
of some soldiers re-absorbed into the Nigerian Army in 2015 and
posted to the Command and Staff College in the Nigerian Army
School of Infantry (NASI) in Jaji, Kaduna where they were subjected
to dehumanizing and ill treatment.
b. That on the 5th January, 2016 the Commandant announced that the
Respondent had posted the hitherto dismissed soldiers to the NorthEast. That even though they claimed to have been reinstated they
were denied access to military facilities, letters of reinstatement were
never issued and they were denied seven months’ salary to date.
c. That following complaint of ill-treatment the names of soldiers posted
to the North-East were called and the identity cards seized without
reason and they were orally dismissed without due regard to the
Armed Forces Act.
H. Reliefs sought in the Initiating Application
a. A declaration that the dismissal of the Applicants as soldiers in the
Nigerian Army some time in February 2016 by the Respondent
without arraignment, prosecution and sentence by a duly
constituted Court Martial is irregular, illegal, unlawful, null and void
whatsoever as the act of the Respondent herein constitute a
violation of the Applicants’ fundamental rights to fair hearing as
stated in the provisions of the Section 36 (1) of the 1999
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