The National Industrial Court sitting in Abuja has declared the dismissal of Private Etim Idorenyin Anthony from the Nigerian Army unconstitutional and unlawful, ordering her immediate reinstatement into service.
Delivering judgment, Hon. Justice Sinmisola Adeniyi also directed the Army to pay Private Etim ₦1.9 million in outstanding salaries and an additional ₦2 million as general damages within 30 days.
The court found that Private Etim’s summary trial and dismissal over allegations of being “absent without official leave” (AWOL) breached due process. Justice Adeniyi ruled that the Army failed to substantiate the allegation, describing the procedure as a violation of the claimant’s right to fair hearing.
“In employment governed by statute, no officer may be dismissed without strict compliance with the procedures prescribed by law,” the judge held. “The claimant’s salary was paid up to May 2022, which indicates that she was still recognised as being in service. The allegation of AWOL was not proven.”
Private Etim told the court that she had served at the Depot, Zaria, before her dismissal. She explained that her vocational training course under the Nigerian Army Officers’ Wives Association (NAOWA) was interrupted by the COVID-19 lockdown in March 2020, after which she returned to her unit. However, she said the unit clerk informed her that a “Return to Unit” (RTU) message had not been received, even though she continued to report regularly.
In its defence, the Nigerian Army argued that Private Etim failed to return to duty after completing her course in December 2020, contending that her dismissal complied with internal rules and procedures. The Army urged the court to dismiss the suit.
However, Justice Adeniyi faulted the Army’s handling of the matter, noting that the Board of Inquiry failed to invite the claimant to defend herself. The court also observed that the same officer who neglected to communicate the RTU message was the one who reported her as absent without leave.
Concluding the judgment, Justice Adeniyi declared that the trial and subsequent dismissal were unlawful and that the charge of AWOL was unproven. The court therefore ordered Private Etim’s reinstatement into the Nigerian Army with full benefits and compensation.
