BASSEY
V.
MINISTER OF DEFENCE

(2005) JELR 54145 (CA)

Court of Appeal 8 Dec 2005 Nigeria
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- The appellant, a dismissed Army corporal, challenged his dismissal from the Nigerian Army, alleging that it was effected without court martial, notice of any wrongdoing, or compliance with due process, after he was exonerated from allegat

Case Details

Suit Number:CA/A/4/2000
Judges:VICTOR A. O. OMAGE JCA (Presided and Read the Lead Judgment) MONICA B. DONGBAN-MENSEM JCA MARY PETER ODILI JCA
Counsel:S.R. Onoja (with him, S.F. Ayefesoh) - for the Appellant. -*- Mobola Braimoh (with him, H.I. Ibrahim) - for the Respondent.

OMAGE JCA (Delivering the Lead Judgment): The facts in this appeal are as follows. The plaintiff enlisted in the ranks of the Nigerian Army in January 1984 as No. 79 NN17353, and without blemish served in various capacities. The plaintiff now appellant also served in Liberia in operation liberty and Somalia, on returning to Nigeria, he went through and passed some internal courses and became an instructor with the Nigeria Army Corps, and was eve ntua lly transferred to a rmy headquarters. By a signal message, he was transferred to the presidency Abuja. It was while there he was arrested, detained and tortured for two years, by a special investigation panel upon allegation that he was implicated in “the attempted coup of General Diya.” He was exonerated and posted to 7th mechanized infantry brigade. He reported for duty and obtained a pass to visit his former unit in order to collect his savings and salary. There he was told that when he was undergoing interrogation between December …

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