Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos will on June 24 hear a fundamental rights enforcement suit filed by Lance Corporal Gwotyel Justine, challenging his dismissal and unfair trial by the Nigerian Army.
The judge fixed the date after the counsel to the Nigerian Army, Onyinye Ndubuisi, asked for more time to respond to the lawsuit.
Lance Corporal Justine listed the Nigerian Army, the Minister of Defence, the Chief of Defence Staff, the Army Chief of Staff, the General Officer Commanding (Headquarters 81 Division, Nigerian Army) and the Directorate of Army Legal Services as respondents in the suit.
In the case, numbered FHC/L/MISC/620/2026, the claimant alleged procedural irregularities and denial of a fair hearing during his trial on April 29, 2025, at the Headquarters of the Nigerian Army’s 9 Brigade in Ikeja.
He sought a certiorari order to quash the proceedings, judgment and execution of the military trial, which he claimed was flawed.
Justine is also demanding his reinstatement into the Army and a stay of any further legal actions related to the judgment.
In an affidavit filed alongside the suit, Justine stated that he was charged with two offences: defamation under Section 373 of the Criminal Code Act, punishable under S. 375 and disobedience of specific orders under Section 56 of the Armed Forces Act, A20 LFN 2004, by my Unit Commander at 192 Battalion.
He claimed that the case was referred to the Brigade Commander, Headquarters 9 Brigade Ikeja, where he was tried on April 29, 2025, resulting in a reduction in rank and dismissal from service.
The claimant insists that he is dissatisfied with the trial and conviction and now seeks to have the trial decisions reversed or quashed.
Despite attempts to appeal directly to the Army Authorities, they have refused or failed to respond to my petition, the record of proceedings, and the reminder letters.
Justine further averred, “I seek to have the trial quashed or reversed, but I must first fulfil all legal requirements under Section 147 of the Armed Forces Act, cap A20 LFN 2004. Notably, there are no records of the proceedings at trial, and I was denied a fair hearing, as I was not allowed to defend myself either personally or through a legal practitioner of my choice.
“There was no record of a summary trial in accordance with Schedule 3 of the Rules of Procedure Army. The trial was not conducted properly in accordance with the law and applicable rules, as the case was not properly considered on its merits.
“Pursuant to Order 34(1) of the Federal High Court (Civil Procedure) Rules 2029, I now apply for an Order of Certiorari to quash all proceedings and the judgment of the summary Orderly Room trial held on 29 April 2025 at HQ 9 Brigade of the Nigerian Army, Ikeja, Lagos State.’’