Industrial Court Affirms Nigerian Army’s Dismissal of Lance Corporal Over Unauthorised 3-Year Absence, Rejects Fair Hearing Claim

The Presiding Judge of the National Industrial Court, Benin Judicial Division, Hon. Justice Adunola Adewemimo, has upheld the dismissal of Lance Corporal Philip from the Nigerian Army.

Justice Adewemimo ruled that the soldier’s three-year absence from duty without official permission was unjustifiable and violated the terms of his employment under the statute regulating the Nigerian Army.

According to court records, Lance Corporal Philip claimed he had been redeployed to Borno State and, while on active duty, developed an eye condition. He said he requested permission on three occasions to seek medical treatment but was denied each time.

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He told the court that as his condition worsened, he left for Benin City to receive treatment. Upon recovery, he allegedly attempted to return to duty but was prevented from doing so. He added that his salary was halted in November 2020, and he was later arrested in Benin on suspicion of impersonation, detained for several months, and summarily tried without fair hearing. He was eventually released without any formal communication regarding his military status.

Lance Corporal Philip also testified that during his absence, he contacted his commanding officer but was threatened not to return or call again.

In its defence, the Nigerian Army stated that any personnel who absents themselves without leave, especially to avoid deployment or duty, commits a serious offence punishable by imprisonment, forfeiture of service, or dismissal. The Army maintained that the dismissal of the claimant was a lawful and appropriate disciplinary action.

The Army’s witness acknowledged that while imprisonment was a prescribed punishment for the offence, dismissal was considered a lesser and applicable penalty in this case.

Philip’s legal counsel, however, argued that the soldier was denied his right to fair hearing, and the disciplinary procedure, stoppage of salary, and dismissal were unlawful and outside due process.

In a detailed judgment, Justice Adewemimo found that the claimant failed to cite any legal or procedural justification for leaving his post without permission, even after being denied formal leave. The court determined that his prolonged absence amounted to abandonment of duty under the Armed Forces Act.

The court ruled that there was no provision in the Act supporting the claimant’s actions and declared his claims of a lack of fair hearing invalid, especially after he had effectively repudiated the terms of his military engagement.

“In line with the above expositions, I find that the admission of guilt for desertion by the claimant during his trial, coupled with abandonment of duty for three (3) years without a permit, cannot be vitiated on the ground of lack of fair hearing, or breach of the statute guiding the employment relationship in the instant case,” the court held.

Justice Adewemimo concluded that the Nigerian Army acted within the bounds of the law and dismissed the case.