Proceedings in a suit filed at the National Industrial Court Abuja by Brigadier General Muhammad Adeka against the Nigerian Army (1st defendant) has suffered another setback.
Other defendants include the Nigerian Army Council, the Chief of Army Staff, the Military Secretary (Army) and the Attorney General of the Federation.
In the suit, General Adeka, is praying the court to grant an order directing the Nigerian Army to pay him the sum of N786 million for what he called “ill-treatment, humiliation, violation of his rights and desecration of his rank as a first class senior officer in the Nigerian Army”.
However, the case slated for mention and for the court to receive report of settlement by the parties in dispute was stalled due to the entering of appearance for the Nigerian Army and the other four defendants by two different counsels.
Dr. Abdulkarim Kana announced appearance for General Adeka the claimant, while O.Z . Alih and S.E. Nwabueze, both entered appearance for the Nigerian Army and its co-defendants.
Miffed by the double representation of two counsels for a party, the presiding judge, Justice Babatunde Adejumo demanded an identification from Nwabueze, since Alih said he was an in-house lawyer.
In response, Nwabueze, a private legal practitioner presented to the court, a letter of instruction directing him to handle the brief of the 1st -4th defendants.
Apparently uncomfortable with the situation, Justice Adejumo said, “At this juncture, two lawyers are appearing for the defendants; one is an in-house counsel and the other a private legal practitioner with a letter of instruction from the defendant instructing him to defend him”.
The court posited that, “In a situation like this, the best thing to do in the interest of justice is to adjourned the matter to enable the two counsels who announced appearance for the defendants to go back and put their house in order”.
The court stated that when two counsels enter appearance, “It is the party that decides who should represent it. As far as this matter is concerned, none of you is properly before me. Go back and settle your differences”.
“Anything that will ridicule the judiciary should be avoided; the sanctity of the Bar and the Bench should be respected and protected at all times”, Justice Adejumo who doubles as President of National Industrial Court, said.
“In view of the situation above, this matter will not proceed as scheduled, therefore it has been adjourned to July 16, for report of settlement/ hearing. It is hereby ordered that hearing notice be issued and served on the 5th defendant (Attorney General of the Federation). Proof of such service should be kept in the case file” the court ordered.
General Adeka, an indigene of Nasarawa state said his travails began on March 18 when he was arrested by the Directorate of Military Intelligence (DMI) and subsequently handed over to civil authorities.
He claimed that for four years and one month, he was detained, tortured, humiliated and prosecuted for alleged treasonable charges.
More so, he said he was released by the Federal High Court, Lagos, on April 11, 2008 when the charges against him were struck out for lack of diligent prosecution.
In addition, Adeka alleged he has now been prematurely retired from service by the Army rather than being promoted to his next rank of Major General.
In the suit, the claimant wants, “A declaration that the entire process leading to his retirement by the defendants infringe on the Armed Forces Act, Harmonised Terms and Conditions of Service for Nigerian Armed Forces Officers 2012 (revised), Promotion Regulations 2006, Nigerian Army Officers and Instructions for completion of performance evaluation report NA officers Form NA 2077A (revised) 2006”.
“A declaration that the retirement of the claimant on the 10th December 2013 was wrong, unlawful, invalid and ultra vires, hence null and void”.
“A declaration that the non-inclusion of the claimant in the list of officers presented for promotion dated October 25, 2013 violates the Armed Forces Act, harmonized terms and conditions of service of Nigerian Armed Forces Officers 2012 (revised), Promotion regulations 2006 Nigerian Army Officers and instructions for completion of performance evaluation report NA officers form NA 2077A (revised) 2006” among others.
Kana wants among other order, “An order of general damages to be paid to the claimant in the sum of N786million (seven hundred and eighty six naira) for the ill-treatment of the claimant, humiliation of the claimant, violation of the rights of the claimant and the desecration of the rank of the claimant as a First class senior officer in the Nigerian Army”.
