The National Industrial Court, Abuja, has ordered the reinstatement of a dismissed soldier, Cpl. Tajudeen Ajala, in the Nigerian Army and also awarded N500,000 in general damages.
The court set aside the dismissal order on the soldier.
Justice Isaac Essien while delivering judgment held that the commanding officer erred in law by imposing a sentence of reduction in rank on the claimant.
The court further held that the dismissal of the claimant outside the purview of punishment stipulated in Sections 57 and 104 of the Armed Forces Act was equally wrong.
The Nigerian Army had submitted that an investigation was conducted by the Military Police into Ajala’s alleged misconduct.
The defence submitted that based on the recommendation of the panel, the Command summarily charged, tried and convicted Ajala on the two-count charge.
The Army said that, on December 11, 2017, it reduced Ajala’s rank for disobedience and dismissed him for assault.
It argued that the summary trial and dismissal of the claimant was in accordance with laid-down legal procedures and extant law.
But the court held that by the provisions of the Armed Forces Act 2004, the offence which the claimant was charged with required that he be tried by a court-martial and not by summary trial.
The court also awarded the sum of N250, 000, as cost of action against the defendant.