Industrial Court Nullifies Nigerian Army’s Dismissal of Private Etim, Orders Reinstatement and ₦2m Damages
In a significant pronouncement on statutory employment and fair hearing, Hon. Justice Sinmisola Adeniyi of the National Industrial Court, Abuja Judicial Division, has set aside the purported summary trial and dismissal of Private Etim from the Nigerian Army, describing the process as unconstitutional, unlawful, and a breach of her right to fair hearing.
The Court ordered the reinstatement of Private Etim into the Nigerian Army and directed the payment of her outstanding salaries and emoluments amounting to ₦1,947,711.96 from June 2022 to date. In addition, the Court awarded ₦2,000,000 in general damages against the Nigerian Army, payable within 30 days, for the unlawful dismissal.
Private Etim, formerly serving at the Depot, Zaria, contended that she was wrongfully dismissed on a trumped‑up allegation of absence without official leave (AWOL). She argued that the purported summary trial was procedurally defective and violated her constitutional rights.
The Nigerian Army, in its defence, maintained that she had completed a vocational training course in December 2020 but failed to return to her duty post thereafter, thereby justifying her dismissal under service regulations.
Etim, however, explained that the course was suspended due to the COVID‑19 lockdown in March 2020, and upon reporting back to her unit, she was informed that no Return to Unit (RTU) signal had been received. She claimed she continued to report regularly but was never properly recalled.
Justice Adeniyi held that:
– Employment governed by statute requires strict compliance with statutory provisions before termination.
– Evidence showed that Etim’s salary was paid until May 2022, undermining the Army’s claim of AWOL.
– Cross‑examination of the Army’s witness corroborated Etim’s position that no RTU signal was communicated to her.
– The Board of Inquiry failed to invite Etim to its proceedings, and the same officer who failed to transmit the RTU message reported her for AWOL, rendering the process tainted.
The Court concluded that the allegation of AWOL was unsubstantiated and that the trial by the “Appropriate Authority” was unlawful and void.
