Justice Elizabeth Oji from the Lagos Division of the National Industrial Court has dismissed Osarodion’s case against the Nigerian Navy.
The case is challenging Osarodion’s dismissal from the Nigerian Navy.
Justice Elizabeth on Monday dismissed the suit for lacking merit.
The Court emphasized Osarodion’s failure to demonstrate how his dismissal violated the Nigerian Navy Regulations and provide convincing evidence that his right to a fair hearing was infringed.
Background
Osarodion claimed he joined the Navy in 1999 and was later dismissed in 2016 for alleged misconduct.
He argued that the summary trial violated the Constitution and principles of natural justice.
The Nigerian Navy contended that Osarodion had the opportunity to defend himself, and the court lacked jurisdiction over General Court Martial decisions.
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Court’s decision
Delivering judgment, Justice Elizabeth held that section 147(2) of the Armed Forces Act, is not a mandatory provision to constitute a condition precedent to access to the Court.
She affirmed the court’s jurisdiction, stating that Osarodion failed to prove the breached procedure and provided no convincing evidence of a fair hearing infringement.
She said “ Osarodion has not led convincing evidence that his right to fair hearing was infringed.”