THE NIGERIA ARMY COUNCIL & ORS V. LANCE CORPORAL ROWLAND ONYEACHU

UWA, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Jos Division (hereinafter referred to as the court below), delivered on 6th January, 2016.

The background facts are that the respondent, a Lance Corporal in the Nigerian Army, was dismissed by the appellants on 5th February, 2001, for misconduct. Following the appellants’ refusal of administrative review and reinstatement, the respondent “as plaintiff” approached the Federal High Court, Maiduguri Division (hereinafter referred to as the trial court), claiming the following reliefs:

1. "A declaration that the purported trial, dismissal, and seizure of the plaintiff’s certificates by the commanding officer is invalid, ineffectual, null, and void by reason of gross irregularity and non-compliance with the Armed Forces Act 2004 and a breach of section 36 of the Constitution of the Federal Republic of Nigeria 1999.

2. An order of this honorable court setting aside the purported trial and dismis…