MAJOR GENERAL OVO ADHEKEGBA V. THE HONOURABLE MINISTER OF DEFENCE & ORS.

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the Federal High Court Abuja before Hon. Justice M.G. Umar, delivered on 10th March, 2010.

By an amended originating summons dated 28th May, 2008, the Plaintiff, now Appellant before this Court sought for the determination of the following questions-

"1. Whether the Defendants' conclusion at the meeting of February 11, 2008, concerning the commission of the Plaintiff which resulted in the decision contained in the letter of February 11, 2008 and letter dated 14th March, 2008 was not inconsistent with the Plaintiffs right to fair hearing guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and the Armed Forces Act Cap 20 Law of the Federation of Nigeria 2004.

2. Whether the composition of the Army Council which met on February 11, 2008, deliberated and resolved that the Plaintiff resign his commission on Disciplinary grounds was not in violat…