Former Major General Umaru Mallam Mohammed has asked the Federal High Court sitting in Abuja to compel the Nigerian Army and the Chief of Army Staff to give him the Certified True Copy, CTC, of the judgement of the Special Court Martial.
Mohammed in his originating motion in the suit marked no FHC/ART/es/670/ 2024, dated May 6, 2024, filed by his counsel, Mr. Olalekan Ojo (SAN) is asking the court to direct the respondents to release the purported judgement of his court martial.
He alleged gross violation of the applicant’s fundamental right to obtain the CTC of the judgement of the Special Court Martial.
In his originating motion brought pursuant to Section 46(3) of the Constitution of the Federal Nigeria 1999 as amended; Section 176 of the Armed Forces Act Cap A20 LFN, 2004, Order 1 Rule 2; Order 2 Rule 1 of the Fundamental Rights enforcement procedure Rules 2009, praying the court for enforcement the applicant’s fundamental rights under Section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
Ojo (SAN) is praying for, “a declaration that the respondents’ failure or refusal to give the applicant the Certified True Copy of the Judgement of the Special Court Martial that tried the Applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October 2023 as confirmed by the Army Council on the 28th day of March, 2024 constitutes gross violation of the Applicant’s fundamental right to obtain the certified true copy of the judgment of the Special Court Martial guaranteed by the Section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.”
He also urged the Court direct the respondents, “to give to the applicant the Certified True Copy of the Judgment of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on October 10, 2023, as confirmed by the Army Council on the March 28, 2024, within 48 hours after the order by the court.”
In his 13 paragraphs affidavit in support of his application, he averred that the granting of this applicant’s reliefs in the applicant’s originating summons will not prejudice the respondents in any manner whatsoever.
“That I know as a fact that the applicant is dissatisfied with the judgement of the Special Court Martial and that he filed a motion dated 25th day of April 2024 for leave to appeal against the judgement of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October, 2023 and confirmed by the Army Council on the 28th day of March, 2024.
“That the applicant’s counsel wrote a letter to the Directorate of the Legal Services (Army) of the 2nd Respondent dated 5th April, 2024 requesting for the Certified True Copy of the judgement of the Special Court Martial that tried the Applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October, 2023 and confirm Army Council on the 28th day of March, 2024. The letter of t counsel is attached and marked as Exhibit B.
“That the Respondents have refused or failed to make available to the Applicant the Certified True Copy of the judgement of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army.”
