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THE CHIEF OF NAVAL STAFF & ANOR v. BENJAMIN LIVINUS TSENONGO

(2018) JELR 38651 (CA)

Court of Appeal  •  CA/MKD/129/2016  •  1 Nov 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The case of the respondent at the National Industrial Court, Makurdi (the trial Court) was that he is an able seaman of the 2nd appellant. He was at all material times serving on the Nigerian Navy Ship NNS Jubilee, stationed at Ikot Abasi, Akwa Ibom State. He was on the order of another Naval Officer, arrested at the Ikot Abasi Naval Base on 18/2/2012 and detained till 27/2/2012 when the Commanding Officer pronounced him guilty of certain offences. He was sentenced by the Commanding Officer to dismissal from the service in addition to 28 days imprisonment with hard labour. This, he said, was done without affording him any hearing. He continued in detention till 2/11/2012 when he was released from custody upon the Commanding Officer being served with the processes of the Federal High Court, Uyo for the enforcement of his fundamental rights.

Consequent upon the above state of affairs, the respondent took out an originating summ…

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