The Federal High Court, Abuja has declined jurisdiction on the case of a Nigerian army female officer, Major N.U. Ukachukwu who accused the military leadership of declaring her absent from duty amid her marriage to a foreigner and voluntary resignation.
Justice Inyang Ekwo rather referred the matter to the National Industrial Court which deals with employment issues in Nigeria.
The officer sued the Nigerian Army and the Chief of Army Staff in Suit no: FHC/ABJ/CS/282/2023, asking the court to determine whether having exercised her right under Section 151 of the Traditions, Customs and Ethics of the Nigerian Army by relinquishing her Commission, she can be deemed to have deserted the army and declared AWOL(Absent without leave) by the defendants.
The plaintiff’s lawyer, Godwin Idem, explained to the court that his client was commissioned to the Nigerian Army Directorate of Legal services on 5th December 2009 and rose through the ranks.
According to him, sometime in 2021 while away on her doctoral research programme, his client met a man named K. Lawton who proposed marriage to her and she decided to accept his marriage proposal and on the 5th October 2021, she and Lawton got married in Scotland, United Kingdom.
She wrote to the Nigerian Army, tendering her resignation, says her lawyer.
He added she earlier pointed out to the Nigerian Army that the timeline set for her was not enough to cover her PhD programme.
He also contended that the Nigerian Army instead, declared her Absent without Leave while ordering her arrest.
The lawyer argued that the plaintiff committed no crime other than that she married and she did not desert the Nigerian Army as she lawfully resigned and relinquished her commission.
Idem stated,
- “After she wrote the letter applying for relinquishment of her commission in November 2021, seven months elapsed and the defendant did not respond to the letter but instead declared her Absent Without Leave (hereinafter referred to as AWOL) without due regard to the TCENA 2005.
- “On 22 August 2022, a letter was written on behalf of the 2nd Defendant in which it was stated that they had received the letters and the Plaintiff was still declared AWOL.
- “The 2nd Defendant wrote a second letter wherein he vehemently refused the application of the Plaintiff for the relinquishment of her commission.
- “The 1st Defendant approached the Magistrate Court in Wuse Zone 2 and obtained an order for the warrant of the arrest of the Plaintiff pursuant to S. 241 (1) and(2) of the Armed Forces Act, CAP A20, LFN 2004 (hereinafter referred to as AFA (2004).
- “The Defendants will not be prejudiced by this Court granting judgment in favour of the Plaintiff.”
The reliefs sought by the plaintiff are:
- A Declaration that the Plaintiff committed no crime in marrying a foreigner.
- A Declaration that the Plaintiff did not desert and is not AWOL within the meaning of Section 60 of the Armed Forces Act (2006) having relinquished her commission under Section 151 (c) of the Traditions Customs and Ethics of the Nigerian Army (2005).
- A Declaraion that the desertion and AWOL (Absence without leave) issued by the Defendant be set aside.
- A Declaration that the order of the Magistrate Court, Wuse Zone 2 for the warrant of her arrest be set aside.
- A Declaration that her voluntary resignation and relinquishment of her commission pursuant to Section 151 (c) of the Traditions Customs and Ethics of the Nigerian Army (2005) be upheld.”
Nigerian Army Reacts
In their defense, Deborah Bassey, Esq., who represented the Nigerian Army and CoAS, denied the applicant’s claim that she was not absent from duty.
The lawyer replied that the duration of the Plaintiff’s programme and the period of her release for the PhD programme by her employer (Nigerian Army), was clearly and strictly stated in the releasing letter and the Training Orders before she was released for and commenced the programme.
The lawyer submitted that after the expiration of the period the Plaintiff was released and sponsored by the Defendants for the PhD programme on 30th October, 2021, instead of returning back to her place of duty in Nigeria, forwarded an application dated 15th November, 2021 through the Defence Adviser of the Nigerian High Commission in London (who was the official communication channel between the Defendants and the Plaintiff at the time) wherein the Plaintiff applied for relinquishing her commission in the Nigerian Army.
- “The Defendants did not at any time extend the period the Plaintiff was released for the PhD programme beyond October 2021,” Bassey replied.
- “The Defendants deny para. 3 (w) and state in reply that issues relating to marriage by or of service personnel of the Nigerian Army to foreigners is legislated against and guided by extant laws, rules and regulations.
- “The Defendants did not at any time approve the Plaintiff’s ‘Application for Relinquishing of her Commission”,” Bassey contended while urging the court to decline jurisdiction on the case.
What the judge said
In his judgement dated March 15, 2024 and seen by Nairametrics, Justice Ekwo held that based on Section 254 C of the 1999 Constitution (as amended), the National Industrial Court is the Court endowed with exclusive jurisdiction on matters that are connected with employment.
He said the declaration of AWOL which is the subject matter of the case of the Plaintiff is one of several prescribed disciplinary procedures that arises in the course of a military officers employment with the Nigerian Army.
He subsequently agreed with the Nigerian Army and declined jurisdiction, but referred the case to the National Industrial Court for determination.
He held,
- “All officers and men of the Nigerian Army are subject to disciplinary action when the need arises otherwise the service will become uncontrollable and chaotic.
- “The Plaintiff is thereby challenging the action of her employer in the service with the Nigerian Army.
- ” In my opinion, there is no art of jurisprudence that is capable of severing the declaration of AWOL of the Plaintiff from her employment in the 1st Defendant to enable this Court to exercise jurisdiction in this case.
- “I decline jurisdiction on this matter.
- “However, the position of the law is that where this Court has no jurisdiction on a matter that ought to have been filed in the National Industrial Court, this Court has power to transfer the case to the National Industrial Court;
- “I make an order transferring this case to the National Industrial Court. This is the Order of this Court.”
What you should know:
- The National Industrial Court is constitutionally vested with powers to preside over employment issues in Nigeria.
- As observed by the FHC judge, the case being a civil matter is weaved employment and traditions in Nigeria’s military.
