The National Industrial Court sitting in Makurdi yesterday ordered the Nigerian Army to pay one Lance Corporal Zuberu Rafiu the sum of N9 million for unlawfully dismissing him from the Army. The presiding judge, Justice P.O Lifu passed the judgment following a complaint that was filed by the plaintiff on August 28, 2014. The applicant said he was arrested, detained, tortured and dismissed by the Nigerian Army. Other defendants are Colonel Ebhaleme, Lt. Col N. J. Edet and Major Ama Ndubuisi.
He also said he was refused treatment at the military hospital when he went to treat the injuries he sustained when in detention from August 10, 2012 to June 5, 2013. The plaintiff showed the court evidence of his belongings that were thrown out by soldiers and when he reported to Lt. Col. Edet, who is the commanding officer in Takum, Taraba State, he brought people to beat him up. The applicant also testified that he had never applied for pass or gone on leave since he joined the Army but was told that his detention was because he went on AWOL for 158 days and was also an informant to Boko Haram.
Counsel to the defendants, Mohammed Shehu Esq who called all his witnesses could not give evidence of the claimant going on leave and said they were still awaiting report from MTN call log to ascertain the issue of Boko Haram. The counsel stated that the claimant was dismissed in Jos by the Army for acts of indiscipline against one Col. Ovo Aohekegba adding that the Nigerian Constitution (1999) as well as the Armed Forces Act give the Army the right to arrest and detain the claimant on account of terrorist conspiracy.
The applicant’s counsel, E.G Ejeketa Esq argued the fact of his client slapping an officer in Jos earlier before his case was not proved as the officer was not called neither was any charge relevant to the case tendered.
The Authority
