Mr Adewunmi Adeniyi John Vs Commodore I.B. Yusuf (Commandant Nns Quorra, Lagos) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, JCA (Delivering the leading judgment)

This appeal was lodged against the judgment of the Federal High Court, Lagos Division, Coram Judice, M.S. Hassan, J. (now JCA), delivered on February 7, 2019 wherein the appellant’s suit was adjudged to be without merit and dismissed.

A prcis of the facts leading to this appeal can be rendered in this manner:

Facts

While undergoing training at the Nigerian Navy Ship Quora (NNS Quora), the appellant, attached to the Naval Training Command (NAVTRAC), was alleged to have committed the military offences of assault, insubordination and disobedience to standing order. He was arraigned before the 4th respondent’s tribunal, tried and convicted on 29/9/2017 on the three offences, with a verdict of reprimand and dismissal.

In accordance with the provisions of section 147 of the Armed Forces Act, 2004, the appellant petitioned against his conviction and sentence to the Chief of Naval Staff, seeking a reconsideration of his case. While awaiting the decision on consideration of his petition, the appellant was released from military custody but remained in the NNS Quora Training School and continued to receive his monthly salaries and allowances.

The appellant alleged that, after his conviction on 29/9/2017, he was imprisoned by the respondent, for over 90 days and subjected to several degrading and inhuman treatments.

Being of the view that his imprisonment, as well as the alleged degrading treatment and indignity were in violation of his constitutional right to personal liberty and human dignity, sections 35(1) and 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria as amended and article 6 and 5 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act, the appellant commenced action at the lower court, for enforcement of his fundamental rights and damages, which was challenged by the respondents. The lower court heard the application and dismissed it, holding that the facts, grounds for the application as well as the reliefs sought did not fall within Fundamental Rights.

Dissatisfied with this decision, the appellant lodged this appeal by notice of appeal filed on 8/5/2019 on one ground of appeal, pages 217 – 221 of the record of appeal.

The parties filed briefs of argument, pursuant to the rules. The appellants brief was filed on 11/3/2022, but deemed properly filed on 14/3/2022, while the respondents brief was filed on 11/4/2022. The respective briefs were, at the hearing of this appeal, on 3/7/2023, adopted by Olakunle Ajala, Esq., with Daniel Ogunyomi, Esq., for the appellant, and by P.E. Okohue, Esq., with M.N. Egwey, Esq., for the respondents.

1. Preliminary issue

The respondents in their brief challenged the competence of the appellants brief in which two issues for determination were distilled from one ground of appeal, arguing that this practice amounted to proliferation of issues, which rendered the appellants brief incompetent.

The appellant had formulated the following issues for determination of this appeal:

(1) Whether by the appellants reliefs set out vide the originating motion dated 12th December, 2019 and upon the facts relied upon in support of the reliefs, this case is maintainable by recourse to Fundamental Right action.

(2) Assuming the appellants case is maintainable by Fundamental Right proceedings, whether the respondents are in breach of the appellants Fundamental Right to personal liberty and right to human dignity as guaranteed under sections 35(1) & 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria as amended and as well contained in articles 6 & 5 of the African Charter on Human and Peoples Right (Ratification & Enforcement) Act respectively.