Former Major General Umaru Mallam Mohammed has petitioned the Federal High Court in Abuja, urging immediate release from what he terms as illegal detention by the Nigerian Army.
Additionally, he is seeking compensation of N500 million for damages incurred due to his alleged wrongful detention and subsequent dismissal.
In a suit filed by his counsel, Mr. Olalekan Ojo (SAN), Mohammed asserts that his detention, which commenced on April 3, 2024, violates his fundamental rights to personal liberty and human dignity as enshrined in Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The originating motion seeks a declaration from the court that his continued detention since April 3, 2024, is illegal and a violation of his rights.
He stated that, “at meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonour together with attendant loss of gratuity, pension and other benefits/privilege.
“By the letter dated April 2, 2024, served on the applicant on April 3, 2024, the respondent communicated the decision of the confirming authority to the applicant.
“Following the confirmation of the findings and sentence of the Special Court Martial that tried the applicant in Charge No: Charge No: NA/COAS/ GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Muhammed on 28th March 2024 and the dismissal of the applicant from the Nigerian Army whose decision was communicated to the Applicant via the letter dated 2nd April, 2024, the applicant ceased to be subject to Military law with effect from the date of the said dismissal.
“The respondent has continued to detain the applicant after the dismissal of the applicant from the Nigerian Army for no legally justifiable reason. The continued detention of the Applicant at the Respondent’s custody by the Respondent after the confirmation of the judgment of the Special Court Martial and the dismissal of the Applicant from the Nigerian Army on 2nd April, 2024, constitutes gross violation of the Applicant’s constitutional rights to human dignity and personal liberty.”
He further stated that he was arraigned on September 27, 2022 before the Special Court Martial on an eighteen-count charge to which he pleaded not guilty to all the counts charge as well as the alternative counts and the matter proceeded to hearing.
According to him, “Upon conclusion of the trial, the applicant was found guilty on 14 out of the 18 counts amended charge preferred on the applicant and the Special Court Martial sentenced the applicant.
“At the meeting held on March 28, 2024, the Army Council confirmed the findings and sentence of the Special Court Martial and amended the sentence to include a sentence of dismissal with disgrace and dishonor together with attendant loss of gratuity, pension and other benefits/privilege.”
