The Applicants aver 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. That whilst there they
were subjected to dehumanizing and ill treatment on the 5th January, 2016 the
Commandant announced that the Respondent had posted the hitherto dismissed
soldiers to the North-East. 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.
The Applicants aver that the Chief of Administration asked them if there was any
complaint with respect to their assignment to which some of them availed
themselves. That the names of soldiers posted to the North-East were called and the
identity cards seized without reason. That some soldiers were drafted to various
Military formations the Applicants were orally dismissed without due regard to the
Armed Forces Act.
The Applicants therefore are claiming the aforementioned reliefs.
The Respondent’s Case
The Respondent filed a defense in response to the allegation levied against them. In
it the Respondent denied the allegation of facts as alleged by the Applicants.
However, the Respondent made the following admission despite his denial:
That the Applicant were among ex-soldiers who were pardoned in August
2015 and reabsorbed into the Nigerian Army after completing their training
That those officers who completed their training in Jaji were posted back to
the North-East flank
That the Applicants had been dismissed from the Nigerian Army because
they had committed several acts of indiscipline and misconduct for which
they were Court martialed and dismissed from the Army.
Further, to the above-mentioned admission by the Respondent, he also submitted a
Preliminary Objection praying for the Court to dismiss the suit.
Preliminary Objection
The Respondent raised a Preliminary Objection on the ground that:
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