A Federal High Court sitting in Kaduna has ordered the Nigerian Defence Academy (NDA) to reinstate nine cadets of 67 Regular Course that were ‘unconstitutionally’ dismissed after their Presidential commissioning on 5th October 2019.
The Nigerian Defence Academy was also ordered by the court to pay their accrued entitlement for the years under review.
Mohammed Ibrahim Daura, who led parents of the cadets had dragged the Chief of Army Staff, the Minister of Defence, the Secretary to the State Government, Major General I M Yusuf, NDA, the Chief of Defence Staff and three others to court after their wards were dismissed for allegedly holding a night party after their Passing out Parade officiated by Vice President Yemi Osinbajo.
The Presiding Judge, Justice Muhammad Umar while delivering the 50-page judgement, explained that it was unconstitutional, unlawful and amounts to a conviction to trial the action taken by the academy to withdraw the cadets after their graduation.
The judge stated, “The plaintiffs are entitled to be heard before any disciplinary action can be taken against them and there is no place in the proceedings of the defendants that the plaintiffs were granted fair hearing by the NDA before their dismissal. This is unconstitutional.”
The judge said the action of the defendants to withdraw the plaintiffs after their graduation is unconstitutional, unlawful and amounts to a conviction of trial.
He ordered that the plaintiffs be immediately reinstated and their degrees and entitlements awarded and paid, having participated in the PoP.