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

ESSIEN J (DELIVERING THE RULING): By a compliant dated the 20^th day of January, 2017 and filed on the 23^rd 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 1^st and 2^nd defendants from the Nigerian Army on 31^st 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 3^rd defendant to pay the plaintiff all entitlement due to him from 31^st 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 20^th February, 2017. In response the claimant also filed a reply to the statement of Defence on the 22^nd May, 2017.

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