The Abuja division National Industrial Court, has ordered the Nigerian Army to restore the rank of Staff Sergeant to Lance Bombardier Emmanuel Amsi, declaring that his demotion and prolonged salary stoppage were unlawful and violated his constitutional right to fair hearing.
Justice E. D. Subilim gave the above orders and many more while delivering judgment in suit NICN/ABJ/348/2024, filed by Amsi against Nigerian Army and two others.
In the judgment, Justice Subilim also held that although the Army was initially justified in withholding the claimant’s salary after declaring him Absent Without Leave (AWOL), the continued stoppage of his pay for about four years became illegal after the AWOL declaration was cancelled.
Amsi had sued the Nigerian Army alongside the Chief of Army Staff and the Attorney-General of the Federation, before the court where he asked for declarations that his substantive rank was Staff Sergeant, that his reversion to Lance Bombardier was unconstitutional, payment of salary arrears, N100 million damages and other reliefs.
The claimant maintained that after being reduced in rank for an AWOL offence in 2011, he was subsequently promoted through the ranks of Bombardier, Sergeant and Staff Sergeant, with the promotions reflected in official Army Part 2/3 Orders.
He argued that the Army later reverted him to Lance Bombardier without any disciplinary trial and withheld his salaries from November 2020.
The Army, however, contended that the promotions were fraudulently obtained through falsified documents and relied on Military Police investigation reports recommending his reversion.
It also argued that his salary was stopped because he was declared AWOL after failing to report to a new posting, although the declaration was later cancelled and his entitlements paid in the rank of Lance Bombardier.
Justice Subilim ruled that allegations of fraud could not justify the claimant’s demotion without compliance with the Armed Forces Act and the constitutional requirement of fair hearing. The court held that Military Police investigation reports could not replace a court martial or other lawful disciplinary proceedings.
Accordingly, the court declared the claimant’s substantive rank to be Staff Sergeant and nullified the Army’s decision reverting him to Lance Bombardier.
The court ordered the Nigerian Army to immediately restore his rank, update all official records, and recalculate and pay his salaries and allowances as a Staff Sergeant, giving credit for amounts already paid.
Justice Subilim also awarded Amsi N5 million as general damages for the hardship caused by the prolonged salary stoppage and illegal reversion, N500,000 as costs, and ordered that the judgment sum attract 10 per cent annual interest until fully paid. The claims against the Attorney-General of the Federation were struck out for disclosing no independent cause of action.
