Chief Of Air Staff v. Nasir Abbas Maiturare (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Federal High Court sitting at Kaduna delivered by Hon. Justice Hadiza R. Shagari in suit No. FHC/KAD/CS/48/2022, on the 17th day of March, 2022, wherein the trial court granted all reliefs sought by the respondent plus N50,000,000.00 exemplary damages against the appellants.

The appellants were the defendants, while the respondent was the plaintiff at the trial court. The appellants being aggrieved with the decision of the trial court had appealed against same to this court vide his notice of appeal dated 8th day of June, 2022. The notice of appeal which challenged the decision of the trial court on eight grounds is found at pages 817 – 826 of the record.

The record of appeal was compiled and transmitted to this court on the 19th of September, 2022, but deemed properly transmitted on the 29th of November, 2022. The appellants brief dated the 24th of October, 2022, was filed on the 26th day of October, 2022. The respondents brief of argument dated the 22nd of December, 2022, was filed on the 23rd day of December, 2022. The appellant upon receipt of the respondents brief filed a reply brief on the 3rd of February, 2023, which was deemed properly filed and served on the 5th of July, 2023.

At the hearing of the appeal, counsels to both appellants and respondent adopted their respective briefs upon which this court reserved the appeal for judgment.

This appeal emanated from the decision of the Federal High Court sitting at Kaduna hereinafter referred to as the trial court. The respondent who was plaintiff at the trial court commenced this suit by way of writ of summons dated the 5th day of August, 2020, which was subsequently amended and filed on the 15th of June, 2021. By the amended writ, the respondent claimed by paragraph 40 of his amended statement of claim the following reliefs:

1. A declaration that the summary trial of the plaintiff by the 2nd defendant being the Commandant of Military Training Center (MTC) and not the plaintiffs commandant or commanding officer under the Regiment Training Center (RTC) is ultra vires..
2. A declaration that the summary trial of the plaintiff by the 2nd defendant without following due process of the law constitutes a violation of the Plaintiffs constitutional right to fair trial.
3. A declaration that the summary trial of the plaintiff by the 2nd defendant without giving him adequate opportunity as provided by the standard trial procedure to prepare and present his defense constitutes a violation of the plaintiffs constitutional right to fair trial.
4. A declaration that the NAF MESSAGE FORM 022033A JUN 19 by which the plaintiff was dismissed for an offence for which he was never tried is null and void and constitutes a violation of the plaintiffs right to fair hearing.
5. A declaration that the NAF MESSAGE FORM 251837A NOV 19 by which the plaintiffs wrongful dismissal was commuted to loss of one-year seniority (relegation) over an offence for which he was never tried is null and void and constitutes a violation of the plaintiffs right to fair trial.
6. A declaration that the plaintiff did not stand trial for entry numbers 4 and 5 on page 11 of his disciplinary record, and same constitutes a violation of his constitutional right to fair hearing.
7. A declaration that the summary trial of the plaintiff by VO Ubah on the 5th May, 2020 on behalf of the defendants, whereupon he found the plaintiff guilty contrary to the evidence on record constitutes a violation of the plaintiffs constitutional rights to fair trial.
8. A declaration that the summary trial of the plaintiff by VO Ubah, on the 29th May, 2020, on behalf of the defendant, without giving the plaintiff a reasonable time to prepare for his defense constitutes a violation of the plaintiffs constitutional right to fair trial.
9. A declaration that the summary trial of the plaintiff by VO Ubah, on the 5th June, 2020 for which offence VO Ubah himself was the reporting officer constitutes a violation of the plaintiffs constitutional right to fair trial.
10. A declaration that the plaintiff did not stand trial for entry number 7 on page 12 of his Disciplinary Record, and same constitutes a violation of his constitutional right to fair hearing.
11. A declaration that the NAF MESSAGE FORM 240955A JUN 20 by which the plaintiff was withdrawn from the training ground is null and void having been founded on numerous violations of the plaintiffs right to fair hearing/trial.
12. An order setting aside the following:

a. The summary trial conducted by the 2nd defendant along with the verdict

b. The NAF MESSAGE FORM 022033A JUN 19

c. The NAF MESSAGE FORM 251837A NOV 19

d. The summary trial conducted by VO Ubah on 5th May, 2020, along with the verdicts

e. The summary trial conducted by VO Ubah on the 29th May, 2020, along with the verdicts.

f. The summary trial conducted by VO Ubah on 5th June, 2020, along with the verdicts

g. The NAF MESSAGE FORM 240955A JUN 20

13. An order expunging the following from the plaintiffs disciplinary record:

a. Entry number 4 on page 11