JUDGEMENT
PARTIES
The Applicants are community citizens of Nigerian origin. The Respondent is the
Federal Republic of Nigeria and a member state of the Community. The Applicants
lodged an application at the registry of the Court on the 7th day of June, 2016.
Background
By an initiating application dated 7th June, 2016 filed in the Registry of this
Honorable Court, the Applicant in this suit commenced an action against the
Respondent herein. Amongst other claims, the Applicant claim against the
Respondent the following:
Dismissal of the Applicants from the services of the Nigerian Army without
process.
That their said dismissal without arraignment, prosecution and sentence by a
duly constituted Court Martial is illegal, unlawful null and void.
That the act of the Respondent constituted a violation of the Applicants’ right
to fair hearing guaranteed under the provisions of Section 36 (1) of the Federal
Republic of Nigeria 1999 as amended by the alteration, Article 7 of the
African Charter on Human and People’s Rights, Article 8, 10, 11 (1) of the
Universal Declaration of Human Rights
That the conduct of the Respondent constituted a gross violation of the
Applicants’ rights to work under equitable and conducive environment as
guaranteed by the provisions of Article 6 (1), 7(a) & (b) of the International
Covenant on Economic Social and Cultural Rights and Article 15 of the
African Charter on Human and People’s Rights.
That the act of the Respondent constituted a gross violation of the Applicants’
fundamental rights to work and freedom from unemployment as guaranteed
by the provisions of Article 23 of the Universal Declaration of Human Right.
In view of the above stated violations the Applicants are claiming against the
Respondent the following reliefs:
1. A declaration that the dismissal of the Applicants as soldiers in the Nigerian
Army some time in February 2016 by the Respondent without arraignment,
2