Ojo-Giwa through his counsel, Mr. Yemi Adetoyinbo, prayed the court to reinstate him because his dismissal did not follow due process.
Apart from this, the dismissed soldier also prayed the court to order the army authorities to pay all salaries and allowances accrued to him from the time he was dismissed till date.
The Army- in-Council and the Nigeria Army Director in charge of Administration, Lagos, Mr. B.G.A. Mohammed, were also joined as co-defendants.
Ojo-Giwa was serving at the Ordinance Headquarters, Abati Barracks, Oju elegba, Lagos, when he was dismissed from the Nigerian Army on January 28, 2010, for allegedly using the battery of a generator in a retired army officer’s residence at 19, Ikoyi Crescent, to start his vehicle which broke down.
He was one of the soldiers manning the gate of the residence of Major General Y.M Yaduma (retd.).
He was subsequently punished by the Nigerian Army authorities, which later set up a panel of enquiry to look into the matter
Before the panel of enquiry started its sitting, Ojo-Giwa said he was about to be promoted to the rank of corporal but was denied the promotion as part of the punishment for the offence he committed.
Ojo-Giwa was later summarily dismissed from service.
His counsel had earlier petitioned the Nigerian Army and the National Assembly to look into the matter.
Adetoyinbo, in his two-page petition, said, “We have decided to approach the law court to challenge the injustice meted on my client. His dismissal from the Nigeria Army did not follow due process.
“Despite the petition written to the Chief of Army Staff and members of the National Assembly, my client was not reinstated. We were left with no option than to challenge his unlawful dismissal in court.”
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