Voluntary resignation: Court declines jurisdiction on case of Nigerian female army officer who married foreigner

The Federal High Court, Abuja has declined jurisdiction on the case of a Nigerian army female officer, Major N.U. Ukachukwu who accused the military leadership of declaring her absent from duty amid her marriage to a foreigner and voluntary resignation.

Justice Inyang Ekwo rather referred the matter to the National Industrial Court which deals with employment issues in Nigeria.

The officer sued the Nigerian Army and the Chief of Army Staff in Suit no: FHC/ABJ/CS/282/2023, asking the court to determine whether having exercised her right under Section 151 of the Traditions, Customs and Ethics of the Nigerian Army by relinquishing her Commission, she can be deemed to have deserted the army and declared AWOL(Absent without leave) by the defendants.

The plaintiff’s lawyer, Godwin Idem, explained to the court that his client was commissioned to the Nigerian Army Directorate of Legal services on 5th December 2009 and rose through the ranks.

According to him, sometime in 2021 while away on her doctoral research programme, his client met a man named K. Lawton who proposed marriage to her and she decided to accept his marriage proposal and on the 5th October 2021, she and Lawton got married in Scotland, United Kingdom.


She wrote to the Nigerian Army, tendering her resignation, says her lawyer.

He added she earlier pointed out to the Nigerian Army that the timeline set for her was not enough to cover her PhD programme.

He also contended that the Nigerian Army instead, declared her Absent without Leave while ordering her arrest.


The lawyer argued that the plaintiff committed no crime other than that she married and she did not desert the Nigerian Army as she lawfully resigned and relinquished her commission.

Idem stated,

“After she wrote the letter applying for relinquishment of her commission in November 2021, seven months elapsed and the defendant did not respond to the letter but instead declared her Absent Without Leave (hereinafter referred to as AWOL) without due regard to the TCENA 2005.

“On 22 August 2022, a letter was written on behalf of the 2nd Defendant in which it was stated that they had received the letters and the Plaintiff was still declared AWOL.

“The 2nd Defendant wrote a second letter wherein he vehemently refused the application of the Plaintiff for the relinquishment of her commission.

“The 1st Defendant approached the Magistrate Court in Wuse Zone 2 and obtained an order for the warrant of the arrest of the Plaintiff pursuant to S. 241 (1) and(2) of the Armed Forces Act, CAP A20, LFN 2004 (hereinafter referred to as AFA (2004).

“The Defendants will not be prejudiced by this Court granting judgment in favour of the Plaintiff.”

The reliefs sought by the plaintiff are:

A Declaration that the Plaintiff committed no crime in marrying a foreigner.

A Declaration that the Plaintiff did not desert and is not AWOL within the meaning of Section 60 of the Armed Forces Act (2006) having relinquished her commission under Section 151 (c) of the Traditions Customs and Ethics of the Nigerian Army (2005).

A Declaraion that the desertion and AWOL (Absence without leave) issued by the Defendant be set aside.

A Declaration that the order of the Magistrate Court, Wuse Zone 2 for the warrant of her arrest be set aside.

A Declaration that her voluntary resignation and relinquishment of her commission pursuant to Section 151 (c) of the Traditions Customs and Ethics of the Nigerian Army (2005) be upheld.”

Nigerian Army Reacts
In their defense, Deborah Bassey, Esq., who represented the Nigerian Army and CoAS, denied the applicant’s claim that she was not absent from duty.

The lawyer replied that the duration of the Plaintiff’s programme and the period of her release for the PhD programme by her employer (Nigerian Army), was clearly and strictly stated in the releasing letter and the Training Orders before she was released for and commenced the programme.

The lawyer submitted that after the expiration of the period the Plaintiff was released and sponsored by the Defendants for the PhD programme on 30th October, 2021, instead of returning back to her place of duty in Nigeria, forwarded an application dated 15th November, 2021 through the Defence Adviser of the Nigerian High Commission in London (who was the official communication channel between the Defendants and the Plaintiff at the time) wherein the Plaintiff applied for relinquishing her commission in the Nigerian Army.

“The Defendants did not at any time extend the period the Plaintiff was released for the PhD programme beyond October 2021,” Bassey replied.
“The Defendants deny para. 3 (w) and state in reply that issues relating to marriage by or of service personnel of the Nigerian Army to foreigners is legislated against and guided by extant laws, rules and regulations.

“The Defendants did not at any time approve the Plaintiff’s ‘Application for Relinquishing of her Commission”,” Bassey contended while urging the court to decline jurisdiction on the case.
What the judge said
In his judgement dated March 15, 2024 and seen by Nairametrics, Justice Ekwo held that based on Section 254 C of the 1999 Constitution (as amended), the National Industrial Court is the Court endowed with exclusive jurisdiction on matters that are connected with employment.

He said the declaration of AWOL which is the subject matter of the case of the Plaintiff is one of several prescribed disciplinary procedures that arises in the course of a military officers employment with the Nigerian Army.

He subsequently agreed with the Nigerian Army and declined jurisdiction, but referred the case to the National Industrial Court for determination.

He held,

“All officers and men of the Nigerian Army are subject to disciplinary action when the need arises otherwise the service will become uncontrollable and chaotic.

“The Plaintiff is thereby challenging the action of her employer in the service with the Nigerian Army.

” In my opinion, there is no art of jurisprudence that is capable of severing the declaration of AWOL of the Plaintiff from her employment in the 1st Defendant to enable this Court to exercise jurisdiction in this case.
“I decline jurisdiction on this matter.

“However, the position of the law is that where this Court has no jurisdiction on a matter that ought to have been filed in the National Industrial Court, this Court has power to transfer the case to the National Industrial Court;
[quote]“I make an order transferring this case to the National Industrial Court. This is the Order of this Court.”

What you should know:
The National Industrial Court is constitutionally vested with powers to preside over employment issues in Nigeria.
As observed by the FHC judge, the case being a civil matter is weaved employment and traditions in Nigeria’s military.

FreeStuffsNG:
The lawyer submitted that after the expiration of the period the Plaintiff was released and sponsored by the Defendants for the PhD programme on 30th October, 2021, instead of returning back to her place of duty in Nigeria, forwarded an application dated 15th November, 2021 through the Defence Adviser of the Nigerian High Commission in London (who was the official communication channel between the Defendants and the Plaintiff at the time) wherein the Plaintiff applied for relinquishing her commission in the Nigerian Army.

“The Defendants did not at any time approve the Plaintiff’s ‘Application for Relinquishing of her Commission”,” Bassey contended while urging the court to decline jurisdiction on the case.

Very misleading headline by the rookie Nairametrics reporter. There's nothing in her report that indicates that her travail is because she married a foreigner. Same thing will happen if she married a Nigerian under same circumstances.

If all these are true and there's a subsisting Magistrate Court warrant of arrest against her, she is in very serious problem. She's lost everything she ever had with the Nigerian Army.
Whoever advised her to take this route did her very bad. Haba. After the taxpayer's money was spent on you to acquire a PhD in the United Kingdom, instead of you to resume in Nigeria, work for some time to payback the value invested in you, you sent ordinary letter of resignation without signing out.

I am sure the ignorant foreigner must have been misled to believe that nonsense of " this is Nigeria, nothing will happen ".

Marriage is a marathon and not a sprint. The foundation is absolutely important, there's something fundamentally wrong with the character of such a man who married a woman under her circumstances. Haba!
Now it's been 3 hellish years of a wife living a life of a fugitive and outlawed in Nigeria.

The Industrial Court will not lift that arrest warrant and the Nigerian Army is likely to defeat her. Her case is so bad that it's better she immediately comes back home and sort herself then payback the cost spent on her for the PhD.

Why act like an ungrateful omo oju ori ola ri because of opportunity many others contributed to give you. Will she accept it too if someone acted in such manner after she has helped the person? The Army should please temper justice with mercy when she comes back to for restitution.

May God bless Nigeria for ever! Check my signature for free stuffs!

ignis:
Everybody want japa

The lawyer replied that the duration of the Plaintiff’s programme and the period of her release for the PhD programme by her employer (Nigerian Army), was clearly and strictly stated in the releasing letter and the Training Orders before she was released for and commenced the programme.

The lawyer submitted that after the expiration of the period the Plaintiff was released and sponsored by the Defendants for the PhD programme on 30th October, 2021, instead of returning back to her place of duty in Nigeria, forwarded an application dated 15th November, 2021 through the Defence Adviser of the Nigerian High Commission in London (who was the official communication channel between the Defendants and the Plaintiff at the time) wherein the Plaintiff applied for relinquishing her commission in the Nigerian Army.

FreeStuffsNG:
She didn't japa,it was the Nigerian Army that sponsored her overseas to do a PhD program. It turned out as a complete waste of tax payers money!
She must be regretting that decision to cheat the system by not coming back home by now.

lexy2014:


how do you know that she is regretting anything?

FreeStuffsNG:
Please read the reliefs the lawyer is seeking. Those reliefs she is seeking came late and it came regrettably after the Army got the court warrant. If she had acted soon enough, the Nigerian Army would not have gotten the court to issue that warrant of arrest against her. That's what the lawyer is fighting to lift and unfortunately the FHC Judge didn't lift it and it will not be lifted in NIC.

FreeStuffsNG:
"She must be regretting that decision to cheat the system by not coming back home by now"

FreeStuffsNG:
Please read the reliefs the lawyer is seeking. Those reliefs she is seeking came late and it came regrettably after the Army got the court warrant/ judgement.

If she had acted soon enough, the Nigerian Army would not have gotten the court to declare her AWOL and issue that warrant of arrest against her. That's what the lawyer is fighting to lift and unfortunately the FHC Judge didn't lift it and it will not be lifted in NIC.

AlfaSeltzer:
Sharp girl. I no even know why she dey stress herself dey go court. Let the court please do the needful and side with the useless Nigera Army. Then she will apply for asylum in UK on the basis that she'll be imprisoned because of love if sent back to Nigeria. As soon as her papers set, husband gbakwaa oku.

FreeStuffsNG:
The lawyer submitted that after the expiration of the period the Plaintiff was released and sponsored by the Defendants for the PhD programme on 30th October, 2021, instead of returning back to her place of duty in Nigeria, forwarded an application dated 15th November, 2021 through the Defence Adviser of the Nigerian High Commission in London (who was the official communication channel between the Defendants and the Plaintiff at the time) wherein the Plaintiff applied for relinquishing her commission in the Nigerian Army.

“The Defendants did not at any time approve the Plaintiff’s ‘Application for Relinquishing of her Commission”,” Bassey contended while urging the court to decline jurisdiction on the case.

Very misleading headline by the rookie Nairametrics reporter. There's nothing in her report that indicates that her travail is because she married a foreigner. Same thing will happen if she married a Nigerian under same circumstances.

If all these are true and there's a subsisting Magistrate Court warrant of arrest against her, she is in very serious problem. She's lost everything she ever had with the Nigerian Army.
Whoever advised her to take this route did her very bad. Haba. After the taxpayer's money was spent on you to acquire a PhD in the United Kingdom, instead of you to resume in Nigeria, work for some time to payback the value invested in you, you sent ordinary letter of resignation without signing out.

I am sure the ignorant foreigner must have been misled to believe that nonsense of " this is Nigeria, nothing will happen ".

Marriage is a marathon and not a sprint. The foundation is absolutely important, there's something fundamentally wrong with the character of such a man who married a woman under her circumstances. Haba!
Now it's been 3 hellish years of a wife living a life of a fugitive and outlawed in Nigeria.

The Industrial Court will not lift that arrest warrant and the Nigerian Army is likely to defeat her. Her case is so bad that it's better she immediately comes back home and sort herself then payback the cost spent on her for the PhD.

Why act like an ungrateful omo oju ori ola ri because of opportunity many others contributed to give you. Will she accept it too if someone acted in such manner after she has helped the person? The Army should please temper justice with mercy when she comes back to beg for restitution.

May God bless Nigeria for ever! Check my signature for free stuffs!

AlfaSeltzer:
Sharp girl. I no even know why she dey stress herself dey go court. Let the court please do the needful and side with the useless Nigera Army. Then she will apply for asylum in UK on the basis that she'll be imprisoned because of love if sent back to Nigeria. As soon as her papers set, husband gbakwaa oku.

Petacephas:
This is a case of desperation and ungrateful attitude from the woman. Why should any right thinking human act in this manner? This is an opportunity many qualified people are looking for and you just act like this. The army starts spending on you from day one you enter NDA. After all that, you apply for study abroad, army sent you there to be a better officer, now you are misbehaving. You are in deep trouble you better make a u-turn if it's not late.