It said that Eli was dismissed from the Army for the loss of his rifle in 2012 for which he was sentenced to two years imprisonment after he was court-martialled without recourse to the confirming authority before enforcement.
“In suit No. ECW/CCJ/APP/44/16, the applicant who was a member of the Nigerian Army averred that in 2012, in the course of his official duty, a rifle belonging to the Army was stolen at his duty post in Sector 7, Riyom, Plateau State.“Delivering a default judgment under Article 90 of the Rules of the Court following a motion filed by the applicant on October 10, 2018, the Court also held the government in violation of the applicant’s right to be heard within a reasonable time.
“But required that the decision of such a court martial must be transmitted to a confirming authority for the confirmation of the finding and sentence.’’ It said that the detention in prison of the applicant was arbitrary and consequently a violation of his rights to liberty contrary to Section 6 of the African Charter.
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