Maj-General Umaru Mohammed (rtd) has asked a Federal High Court sitting in Abuja to order the Army to immediately release him from detention.
Mohammed is also praying the court to order the Army to pay him N500 million damages for “illegal detention and unlawful dismissal.”
He said his dismissal from the Nigerian Army was unconstitutional and a violation of his fundamental human rights to personal liberty and human dignity as guaranteed by Sections 34 and 35 of the Constitution.
The applicant, in the fundamental rights suit filed by his counsel, Olalekan Ojo (SAN), is seeking an order from the court for a declaration that his continued detention since April 3, 2024 is illegal and a violation of his rights.
In the eight grounds upon which his reliefs are being sought, he stated: “At a 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/privileges.
“The respondent has continued to detain the applicant after his dismissal from the Army for no legally justifiable reason. The continued detention of the applicant at the respondent’s custody after confirmation of the judgment of the Special Court Martial and the dismissal of the applicant from the Army on April 2, 2024, constitutes a 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 18 counts to which he pleaded not guilty to all the counts as well as the alternative counts, and the hearing began.
According to him, upon conclusion of the trial, the applicant was found guilty on 14 of the 18 counts, and the Special Court Martial sentenced the applicant.
