Former Maj.-Gen. Umaru Mohammed has dragged the Chief of Army Staff (COAS), Taoreed Lagbaja, and the Nigerian Army before the Federal High Court in Abuja over alleged refusal to release a copy of the certified true copy (CTC) of the judgment of the Special Court Martial.
Mohammed told the court in a suit marked: FHC/ABJ/CS/610/2024 filed by his lawyer, Olalekan Ojo, SAN.
The applicant, in the suit dated May 6 but filed May 8, had sued the COAS and Nigerian Army as 1st and 2nd respondents respectively.
Mohammed is praying the court to compel the respondents to release the CTC of the judgment delivered by the Special Court Martial on Oct. 10, 2023, to him.
In the originating motion brought pursuant to revenant portions of the law, he alleged gross violation of his fundamental rights to obtain the CTC of the judgment of the court martial against him.
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The applicant, who sought two reliefs, prayed the court for enforcement of his fundamental rights under Section 36(7) of the Constitution 1999 (as amended).
The reliefs include: a declaration that the respondents’ failure or refusal to give the applicant the CTC of the Special Court Martial that tried him in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. on Oct. 10, 2023 as confirmed by the Army Council on March 28, constitutes gross violation of the applicant’s fundamental rights
He also sought for an order directing the respondents to give to him the CTC of the judgment within 48 hours after the order by the court.
In his 13-paragraph affidavit in support of his application, he averred that the granting of his reliefs would not prejudice the respondents in any manner whatsoever.
Mohammed said he was dissatisfied with the judgment of the Special Court Martial and that he had filed a motion dated April 25 for leave to appeal against the judgment.
He said his lawyer wrote a letter to the Directorate of the Legal Services of Nigerian Army on April 5 requesting for the CTC of the judgment in charge number: NA/COAS/GI/39 but had refused to make the document.
The matter is yet to be assigned to a judge.
