A Lance Corporal in the Nigerian Army, Gwotyel Justine, has approached the Federal High Court in Lagos, challenging what he described as his unlawful dismissal from service, following a controversial military trial.
In the suit marked FHC/L/MISC/620/2026, the soldier alleged serious procedural irregularities and denial of fair hearing during an orderly room trial conducted on April 29, 2025, at the Headquarters of the 9 Brigade in Ikeja, Lagos.
Joined as Defendants in the suit are the Nigerian Army, the Minister of Defence, the Chief of Defence Staff, the Chief of Army Staff, the General Officer Commanding 81 Division, and the Directorate of Army Legal Services.
The application, filed by his Counsel, A. C. Nwokoye, seeks an order of certiorari to quash the proceedings, judgement, and execution of the military trial, which the Applicant claims was fundamentally flawed and contrary to established legal principles.
The Plaintiff is also asking the court to order his reinstatement into the Army, and grant a stay of further actions arising from the judgement pending the determination of the suit.
In an affidavit supporting the application, Justine stated that he was serving with the 192 Battalion (Rear) in Owode Yewa, Ogun State, under the 81 Division, when he was charged with defamation of character and disobedience to particular orders under the Armed Forces Act, leading to his trial and subsequent dismissal. He further alleged that he was denied the opportunity to defend himself or be represented by Counsel, insisting that the trial was marred by bias, lack of proper investigation, absence of records of proceedings, and failure to call material witnesses, all of which he argued violated his constitutional right to fair hearing.
At the resumed hearing on May 4, the court ordered substituted service of hearing notices and adjourned the matter to May 13 for hearing.
