A former Major General Umaru Mallam Mohammed has asked a Federal High Court sitting in Abuja to order the Nigerian Army, NA, to immediately release him from its illegal detention.
Mohammed is also praying the court to order the Nigeria Army to pay him N500 million being damages of his illegal detention, and unlawful dismissal.
He said his dismissal from the Nigerian Army, was unconstitutional, illegal, and violation of his fundamental human rights to personal liberty and human dignity as guaranteed by Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The applicant in his fundamental rights suit filed by his counsel, Mr. Olalekan Ojo (SAN), is seeking an order of the court for declaration that, “the continued detention of the applicant since April 3, 2024 till date is illegal and violation of his rights.
In his originating motion, Ojo stated that his continued detention at the Nigeria Army (respondent’s) custody in Abuja after his dismissal from Nigerian Army is illegal and a violation of his fundamental human rights to personal liberty and human dignity as guaranteed by the Constitution.
He is therefore praying the court for an order directing the respondent to immediately release the applicant from the respondent’s custody.
He is also asking for the sum of N50 million as damages for the unconstitutional and his illegal detention by the respondent at the respondent’s custody at Abuja from April 2, 2024 till date.
In his eight grounds upon which his reliefs is being sought, he stated that, “at meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonor together with attendant loss of gratuity, pension and other benefits/privilege.
“By the letter dated April 2, 2024, served on the applicant on April 3, 2024, the respondent communicated the decision of the confirming authority to the applicant.
“Following the confirmation of the findings and sentence of the Special Court Martial that tried the applicant in Charge No: Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Muhammed on 28th March 2024 and the dismissal of the applicant from the Nigerian Army which decision was communicated to the Applicant via the letter dated 2nd April, 2024 the applicant ceased to be subject to Military law with effect from the date of the said dismissal.
“The respondent has continued to detain the applicant after the dismissal of the applicant from the Nigerian Army for no legally justifiable reason. The continued detention of the Applicant at the Respondent’s custody by the Respondent after the confirmation of the judgement of the Special Court Martial and the dismissal of the Applicant from the Nigerian Army on 2nd April, 2024 constitutes gross violation of the Applicant’s constitutional rights to human dignity and personal liberty.”
He further stated that he was arraigned on September 27, 2022 before the Special Court Martial on an eighteen-count charge to which he pleaded not guilty to all the counts charge as well as the alternative counts and the matter proceeded to hearing.
According to him, “Upon conclusion of the trial, the applicant was found guilty on 14 out of the 18 counts amended charge preferred on the applicant and the Special Court Martial sentenced the applicant.
He noted that, pending the confirmation of the findings and sentence of the Special Court Martial, the Nigerian Army kept him in its custody.
“At the meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonor together with attendant loss of gratuity, pension and other benefits/privilege.”
