Unpaid salaries: Court dismisses ex-officer’s suit against army

The National Industrial Court of Nigeria in Lagos has dismissed
a suit by an alleged “deserter”, Idris Abdulrahman, against the
Nigerian Army and Chief of Defence Staff.

Justice Nelson Ogbuanya held that the suit was statute-barred,
having been filed 13 years late.

The claimant sued the army for refusing to pay his salaries.

Abdulrahman, who enlisted in the Army in August 1980, said while
he was serving with the Artilery Regiment in Epe, Lagos, he
obtained a three-day pass sometime in 1997 to enable him take his
sick brother to a hospital in Ikeja.

On his way to his brother’s house in Shangisha Estate at about
8pm, he had an altercation with a vigilante group, which denied him
access.

He said he was framed up and detained at the Kirikiri Maximum
Prison for seven and a half years without trial following the
altercation.

The claimant said his salary was stopped from August 1997 and he
did not receive any salary all through his detention period.

According to him, following the intervention of a lawyer, Isaac
Boro, the false charges against him was struck out by a Chief
Magistrate’s Court.

Abdulrahman said his lawyers wrote the army asking that he be
reinstated and his salaries paid, but the letters were not
acknowledged.

He prayed the court to hold that he was still a military
officer, and to order the army authorities to pay his accumulated
salaries to the tune of N732, 000 as at November 2017.

But, the defendants maintained that Abdulrahman was declared a
deserter having been away without leave (AWOL) by operation of
military law.

The army said he was deemed to have been convicted by the court
marshaled when his three-day pass expired and he did not resume
duties.

According to the defendants, the military law provides that
after seven days of absence, an absent officer would be declared
AWOL; after 21 days he would be declared a deserter and after
another 21 days of absence, he would be deemed to have been
convicted by a Court Marshall and dismissed from the services of
the armed forces.

The army said his salaries were stopped in compliance with
military rules guiding officers’ employment.

In his verdict, Justice Ogbuanya found that Abdulrahman was
released on November 1, 2004 but filed the suit on November 22,
2017.

“The claimant rather alluded to poverty as reason for his not
pursuing legal action since his release from detention but offered
no explanation as to why he did not quickly visit the Army
Headquarters to incident his issues. It would not cost him much to
pay such visit,” the judge said.

Justice Ogbuanya held that the claimant ought to have filed the
suit within three months of his release from prison in November
2004.

“Thus, such action should have normally been commenced latest in
February 2005, but it was commenced in November 2017, a period of
about 12 years after the cessation of the cause of action.

“I, therefore, find that the suit is caught up by the limitation
provisions of Section 2 of Public Officers Protection Act (POPA).
Accordingly, this suit is statute-barred. I so hold.

“Where a court comes to the finding that the suit before it is
statute barred, the legal consequence is that of dismissal.

“In the circumstance, this case is liable to be dismissed. It is
hereby dismissed. I so hold.

“Having so dismissed this suit based on the preliminary
objection, the issue bordering on the substantive issue also
submitted for determination hereby abates as I find no further
jurisdictional competence to pronounce further on it. I so hold.
Judgment is entered accordingly. I make no other as to cost.”