A Major General in the Nigerian Army, Umaru Mallam Muhammed, has asked a Federal High Court in Abuja, to direct the Nigerian Army, to without any further delay, release him from ‘illegal’ detention. In a fundamental rights enforcement suit, the Army General is equally asking the court to direct the Nigerian Army to pay him N500 million being damages for his illegal detention and unlawful dismissal….READ FULL STORY HERE TO CONTINUE READING
While insisting that his dismissal from the Nigerian Army was unconstitutional, illegal and a violation of his fundamental human rights to personal liberty and human dignity as guaranteed by Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Army General, through his lawyer, Olalekan Ojo (SAN), is seeking a court’s declaration that his continued detention since April 3, 2024 till date is illegal and a violation of his rights. In an originating summons, the silk argued that the continued detention of his client at the Nigeria Army (respondent’s) custody in Abuja after his dismissal from the Nigerian Army is illegal and a violation of his fundamental human rights to personal liberty and human dignity as guaranteed by the Constitution.
Therefore, the SAN is asking the court for an order directing the respondent (Nigerian Army) to immediately release the applicant (Mohammed) from the its custody. The senior lawyer is further praying the court for an award of N50 million as damages for the unconstitutional and illegal detention of his client at the respondent’s custody since April 2, 2024 till date. According to the eight grounds upon which the reliefs are being sought, Ojo (SAN) stated that “at a meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonour together with attendant loss of gratuity, pension and other benefits/privileges.
“By the letter dated April 2, 2024, served on the applicant on April 3, 2024, the respondent communicated the decision of the confirming authority to the applicant. “Following the confirmation of the findings and sentence of the Special Court Martial that tried the applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Muhammed on 28th March 2024 and the dismissal of the applicant from the Nigerian Army which decision was communicated to the applicant via the letter dated 2nd April 2024, the applicant ceased to be subject to military law with effect from the date of the said dismissal. “The respondent has continued to detain the applicant after the dismissal of the applicant from the Nigerian Army for no legally justifiable reason.
The continued detention of the applicant at the respondent’s custody by the respondent after the confirmation of the judgement of the Special Court Martial and the dismissal of the applicant from the Nigerian Army on 2nd April 2024 constitutes a gross violation of the applicant’s constitutional rights to human dignity and personal liberty.” In revealing that Muhammed was arraigned on September 27, 2022, before the Special Court Martial on an eighteen-count charge to which he pleaded not guilty to all, as well as the alternative counts and the matter proceeded to hearing, Ojo (SAN) posited that, “Upon conclusion of the trial, the applicant was found guilty on 14 out of the 18 counts of the amended charge preferred on the applicant and the Special Court Martial sentenced the applicant. “Pending the confirmation of the findings and sentence of the Special Court Martial, the Nigerian Army kept him in its custody.
“At the meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonour together with attendant loss of gratuity, pension and other benefits/ privilege.” No date has been fixed for the hearing of the matter and same has not been assigned to a judge.
