{"id":3359,"date":"2013-05-08T19:28:06","date_gmt":"2013-05-08T19:28:06","guid":{"rendered":"http:\/\/disnaija.com\/nigerian-newspapers\/entitlement-army-ordered-to-obey-court-judgment\/"},"modified":"2013-05-08T19:28:06","modified_gmt":"2013-05-08T19:28:06","slug":"entitlement-army-ordered-to-obey-court-judgment","status":"publish","type":"post","link":"https:\/\/disnaija.com\/entitlement-army-ordered-to-obey-court-judgment\/","title":{"rendered":"Entitlement: Army ordered to obey court judgment"},"content":{"rendered":"
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The National Industrial Court on Wednesday ordered the Nigerian Army to obey the Court of Appeal\u2019s judgment and pay the entitlement of its retired officer, Lt. Col. Michael Erhabor.<\/p>\n

The News Agency of Nigeria reports that the Presiding Judge, Justice Maureen Esowe, gave the order in Abuja while delivering judgment in a case of non-payment of entitlements filed by Erhabor.<\/p>\n

Erhabor, who joined the Nigerian Army in 1970, told the court that he was dismissed in November 1983 after he was court marshalled by his superior officers.<\/p>\n

He said that he challenged the dismissal at the Lagos High Court until 1985 when the case was finally determined in his favour at the Court of Appeal.<\/p>\n

Erhabor explained that the appellate court declared his dismissal illegal and ordered the Army to reinstate him, but the defendant did not obey.<\/p>\n

He added that instead of being reinstated, the defendant served him a letter of compulsory retirement in March 2001 and refused to pay him his entitlements.<\/p>\n

The claimant prayed the court to declare that the refusal of the defendant to pay him all his entitlements and emolument was illegal, null and void.<\/p>\n

Erhabor also prayed the court to order the army to pay him his entitlements and emolument from November 1983 when he was dismissed to July 2001 when he was retired.<\/p>\n

When the matter came up for mention in March 2012, the defendant raised an objection, challenging the jurisdiction of the court over the case.<\/p>\n

The presiding judge dismissed the preliminary objection on the ground that the Public Officers Protection Act could not apply to cases that have continuous injury.<\/p>\n

In arguing the case, counsel to the claimant, Miss. Benedicta Obanye, urged the court to grant all the relieves of the claimant, explaining that the defendant could not defend the case.<\/p>\n

“Where the evidence of the claimant was neither challenged nor contradicted by the defendant, it therefore means that the defendant had admitted the claims,\u201d she argued.<\/p>\n

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Posted in Nigerian Newspapers. <\/a>A DisNaija.Com<\/a> network.<\/p>\n

Source: The Nation Newspaper<\/p>\n

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