Hon. Justice Issac Essien of the National Industrial Court sitting in Makurdi has dismissed the salary entitlement claim filed by retired Sgt. Johnson against the Chief of Army Staff and the Nigerian Army for lacking merit.
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The Court held that Retired Sgt. Johnson’s claim for salaries from April 1999 to June 2006 when he was declared AWOL was misconceived as retired Sgt. Johnson cannot claim salaries for the period he did not work.
Justice Essien stated that the claim of Sgt. Johnson that a worker who absconds from work and resurfaces and is tried and punished for abscondment can be rewarded with a pad on the back by paying him salaries for the period he offered no services to the employer is preposterous and has no place in labour jurisprudence.
From facts, the claimant- Retired Sgt. Johnson stated that the army authorities declared him AWOL in March 1999 and he was delisted from the army on 7 June 1999.
Retired Sgt. Johnson averred that he was re-jabbed and reinstated following his complaint that his de-listment was wrongful and did not follow the proper procedure.
Retired Sgt. Johnson submitted that in accordance with Military tradition upon his re-absorption he is entitled to be paid his salaries and allowances from the month he was declared AWOL up to when he was re-jabbed.
In defence, the defendants- Chief of Army Staff and the Nigerian Army maintained that the case as constituted is statute-barred and therefore robs the court of the jurisdiction to entertain the Suit, and also that Writ of Summons served on the Nigerian Army is defective and incompetent, urged the court to dismiss the case in its entirety.
In opposition, the claimant’s counsel urged the court to discountenance the submission of the Nigerian Army and grant his client the reliefs sought in the interest of justice.
Delivering judgment, the Presiding Judge, Justice Isaac Essien dismissed the objection filed by the Chief of Army Staff and the Nigerian Army for lacking merit and affirmed that the limitation of action does not apply again to employment claims.
However, the Court held that Retired Sgt. Johnson failed to prove that the practice that a related and relisted officer is entitled to salaries for the period of being declared AWOL exist as part of the military tradition or is regulated by the Army Act or any other military regulation.
The Court awarded the sum of N500,00 against the claimant and in favour of the Chief of Army Staff and the Nigerian Army.
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