The Federal High Court, Abuja Division, held that his dismissal was illegal and unconstitutional.
Abayomi, who was squadron leader in the Nigerian Air Force, NAF, at the time of his dismissal, had been accused by the authorities of sundry offences including stockpiling arms to fight for the actualisation of June 12, 1993 election.
He was also alleged to have been hired by one family of landowners to fight another family in a land dispute and illegal possession of gun.
These claims by NAF were, however, rejected by the court presided over by Justice Bilikisu Bello Aliyu.
In the judgment delivered after 11 years of litigation, the judge held that the evidence before her showed that the plaintiff (Adebayo) had been illegally dismissed and that his dismissal was therefore null and void and of no effect whatsoever.
The court consequently ordered the Air Force authorities to pay all his salaries and entitlements from September 1997, (being the time of his illegal dismissal) “up till the time the plaintiff ought to have retired normally as the officer of the Nigeria Air Force.”
A nominal sum of N100,000 was also awarded as damages against the Army in favour of Adebayo for his illegal detention and torture after he had been interrogated on the false allegations.
In his statement claim, Adebayo stated that his ordeal started in 1996 after his Commander, Group Captain Musibau Elegbede, requested his assistance to get a piece of land.
He added that since his family had a large parcel of land of about 5,000 acres that runs through several villages between Lagos and Ogun States, he promised to help the commander.
Adebayo said he consequently introduced Elegbede to the elders of his family who had the authority to sell the land and he was requested to pay a certain amount for a portion of land the elders agreed to allot to him.
However, it was alleged after the group captain got the land, he refused to part with any money as purchase consideration.
All he did was to erect a signboard on the land which read ‘Military Zone, Keep Off. This land belongs to Group Captain Musibau Elegbede.”
Adebayo further alleged that when the elders mounted pressure on him to get the purchase price of the land from his boss, he summoned courage to demand the money from Elegbede who reportedly got angry and threatened to end his (Adebayo’s) career and life.
Adebayo stated that Elegbede eventually carried out his threat as he was eventually framed with series of concocted offences, including possession and use of firearms and illegal importation of arms to fight for the actualisation of the June 12, 1993 election reportedly won by the late Chief M.K.O. Abiola.
He said he was ordered to surrender all the military weapons in his possession, after which his official residence was thoroughly searched and nothing incriminating was found on him.
Adebayo was eventually made to face what he called ‘gruesome’ interrogation on these alleged offences, but was allowed to go after he was warned that he constituted a security risk who is under watch.
Nonetheless, Adebayo claimed he was eventually arrested on September 3, 1996 and detained till August 3, 1997 when he managed to escape into exile through the help of some friends.
During his detention, he claimed he suffered severe torture as a result of which his health deteriorated.
Adebayo alleged that after he escaped from detention, his wife, three children, father, uncle, elder sister, mother-in-law and even the seven-month-old pregnant wife of his lawyer (Mr. Sunday Adewumi) were all arrested and detained.
Adebayo stated that on March 6, 2003, while still in exile, a friend brought to him a copy of Tell Magazine of September 8, 1997, which carried a story that he had been dismissed from the Nigerian Air Force.
Upon this he returned to the country, and he instituted a suit against the Chief of Air Staff, joining the Attorney-General of the Federation and Minister of Justice as co-defendants.
In their statement of defence, the Chief of Air Staff insisted the plaintiff misused his office as military officer by engaging in disorderly behaviours and allowing himself to be used as mercenary by one family in fighting against another one in a land dispute.
He was further alleged to have been found in possession of firearms, contrary to Section 28 of the Fire Arms Act, 1958.
It was claimed that the plaintiff had been duly court-martialed and sentenced to 15 years imprisonment, but later escaped while being held in custody.
In her judgment, Justice Aliyu disregarded the counter-claims of the defendants and held, among other things, that “it is hereby ordered that the purported dismissal of the plaintiff, Abayomi Adebayo by the 1st defendant, the Chief of Air Staff from the service of the Nigeria Air Force as contained in the Tell magazine of September 1997 at pages 19 and 23 is unconstitutional, null and void and it is hereby set aside.”
Source: National Mirror
No comments:
Post a Comment