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PTE NNAEMEKA ONYEBARACH v. SGT. MORRIS MIATYIL, COL. K. I. MURHTAR & NIGERIAN ARMY

(2018) JELR 87538 (NICN)

National Industrial Court of Nigeria  •  NICN/EN/23/2016  •  26 Apr 2018  •  Nigeria

Coram
Hon. Justice I. J. Essien

Judgement

ESSIEN J (DELIVERING THE RULING): By a compliant dated the 20th day of January, 2017 and filed on the 23rd day of January, 2017 the claimant claimed against the defendants jointly and severally as follows:

a) A declaration that the claimant’s summary trial and dismissal by the 1st and 2nd defendants from the Nigerian Army on 31st August, 2007 is unlawful unconstitutional and of no legal effect.

b) An order re-instating the claimant into the Nigerian Army and promoting him to his appropriate rank.

c)  An order mandating the 3rd defendant to pay the plaintiff all entitlement due to him from 31st August, 2007 till date.

d) ₦100,000,000 (one hundred million Naira) damages.

The defendant entered a defence and filed their statement of defence on the 20th February, 2017. In response the claimant also filed a reply to the statement of Defence on the 22nd May, 2017.

The defendant also filed a Notice of Preliminary objection on the 22nd May, 2017. The preliminary objection seeks an order dismissing t…

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