Foreign

ECOWAS Court orders Nigerian government to pay N10m compensation to dismissed soldier

Published

on


The ECOWAS Court of Justice has ordered the Federal Republic of Nigeria to pay N10 million compensation for the violation of right to work to Pte. Barnabas Eli.



The judgment is contained in a statement made available to the Nigeria News Agency in Abuja on Monday.


It said that Eli was dismissed from the Army for the loss of his rifle in 2012 for which he was sentenced to two years imprisonment by a court martial without recourse to the confirming authority before enforcement.


The court also ordered the government to pay the applicant the arrears of his salary and other entitlements from March 2015 to the date of his release from detention.


“In suit No. ECW/CCJ/APP/44/16, the applicant who was a member of the Nigerian Army averred that in 2012, in the course of his official duty, a rifle belonging to the Army was stolen at his duty post in Sector 7, Riyom in the country’s Plateau State.


“Delivering a default judgment under Article 90(4) of the Rules of the Court following a motion filed by the applicant on Oct. 10, 2018, the Court also held the government in violation of the applicant’s right to be heard within a reasonable time.


“In determining whether the decision of the Court martial required confirmation by the appropriate authority before enforcement, the ECOWAS Court relied on the provisions of the Armed Forces Act Cap A20 which stipulates the punishment for the loss of public or service property.


“But required that the decision of such a court martial must be transmitted to a confirming authority for the confirmation of the finding and sentence.’’


The Court held that although the arrest, detention and trial of the applicant were validly done, the conviction had not been confirmed thereby making it null and void.


It said that the detention in prison of the applicant was arbitrary and consequently a violation of his rights to liberty contrary to Section 6 of the African Charter.


“However, the court rejected the applicant’s request to hold the government in violating his right to equality before the law; equal protection before the law; right to non-discrimination; right to life and to protection from torture.


“Cruel, inhuman and degrading treatment as well as punishment on the grounds that evidence was available not to support these claims.’’


According to the statement, the government of the Federal Republic of Nigeria did not put up a defence in rebuttal to the claims of the applicant.


The judgment was delivered by the panel of the Court by Justice Gberi-Be Ouattara (Presiding), Justice Dupe Atoki and Justice Januaria Costa. (NAN)


TY/AIJ/MST


Edited by Abigael Joshua/Muhammad Suleiman Tola

https://nnn.ng/ecowas-court-orders-nigerian-government-to-pay-n10m-compensation-to-dismissed-soldier/

Icardi double gives PSG 2-0 win at Reims Ronaldo double earns point for Juventus at Roma Messi back in scoring business in dream start for Koeman Ajibade, Azeez win Asiwajuniwa Cycling Tournament KDSG advises civil servants against strike Paris knife attack suspect says he was targeting Charlie Hebdo – Police source Congolese security forces thwart rebel attempt to seize mining hub 171 millionaires emerge in Dangote Cement Promo President Buhari greets Onabule at 81 Oba Oniru wants LASG to recognize “Isese Day” Onyeama calls for peace in Enugu APC World Tourism Day: NCF showcases Nigeria’s rich conservation park‍  I-G condemns attack on security convoy in Borno 2020/2021 Legal Year: Clergy tasks judges on justice, fight against corruption FG applauds CAN’s roles in nation building Bankers institute re-certifies NDIC academy as training provider for banking industry Post COVID-19: Expert proffers strategies for business revival Vardy’s hat-trick inspires Leicester City to 5-2 win over Manchester City Community repatriates 43 Nigerian women stranded in Lebanon Electricity: Ojota community protests ‘crazy’ bills, disconnections LASG says MSMEs key to economic recovery  Valentino picks Milan over Paris for rare live fashion show 60th Independence: Sanwo-Olu urges citizens to rededicate to nation’s unity In Paris, a fashion eco-system on edge as shows disappear French Open: Wawrinka thrashes Murray as big match falls flat 13 B/Haram terrorists, 23 family members surrender to troops in Borno -DHQ Malami donates N11m to Kebbi flood victims Jos airport renovation 95 per cent completed – Manager FG mulls policy on zero rating for educational websites Tourism Day: Nigeria to leverage on tourism to boost grassroots devt.- Minister Buhari’s policies yielding fruitful results – Gov Bagudu Ministry to create platform for lifting 100m Nigerians out of poverty Oil palm growers commend Buhari, CBN for empowering small holder farmers Nigerians renew call on Multichoice, others on pay as you go tariff NIHOTOUR will work with private sector for sustainable development of tourism -Kangiwa Men like Justice Karibi-Whyte, difficult to find anymore -NBA President Gov. Wike describes late Karibi-Whyte as a super hero, incorruptible jurist Inter hits two late goals to beat Fiorentina 4-3 Beaten Betis coach Pellegrini blames VAR in defeat to Real Madrid COVID-19: Nigeria cases now 58,198 with 49,722 discharged Ministry official advocates regular dog vaccination to end rabies by 2030 COAS inspects ongoing projects in Army Super Camp, Ngamdu School resumption: Expert advocates provision of clean water to check spread of infections Armed Forces College holds memorial service for 1992 Ejigbo plane crash victims Increased tariff: Previous administration created problem in power sector Scores of terrorists killed in massive airstrikes on hideouts in Borno – DHQ Wike promises early completion of 258-bed mother, child hospital in Port Harcourt Yobe IPAC agrees with LG elections postponement Brazil court postpones league game after several COVID-19 positive tests Don charges media on changing maternal health narratives