Openlife Nigeria

OpenLife reports that the family of a deceased soldier  Gorilla Olanrewaju who died in  active service while fighting insurgency has petitioned the Attorney General of Lagos State as well as the Attorney General of the Federation urging the two law officers to compel the Nigerian Army to obey the court judgement of National Industrial court,who awarded compensation to the family of the deceased.

 On the 18th day of January, 2017, the Claimant filed this suit via KAZEEM KEHINDE AYORINDE next of kin of late Gorilla Olanrewaju

The defendants in the suit are:

 1. THE CHIEF OF ARMY STAFF

2. THE CHIEF OF DEFENCE STAFF. | 3. THE NIGERIAN MINISTRY OF DEFENCE

4. THE MINISTER OF DEFENCE

 5. THE MINISTER OF JUSTICE & ATTORNEY GENERAL | OF THE FEDERATION .

In an amended statement of fact filed before the court,the claimant was urging the court for the following declarative reliefs:

 A Declaration that by virtue of the letter of condolence dated 25th day of September, 2004, the Claimant is the person entitled to claim the entitlement of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 PTE as his Next of Kin.

   An Order of this Honourable Court compelling the 1st to 4th Defendants to disclose the exact amount of the gratuity and entitlements (including but not limited to the Nigerian Army welfare Insurance Scheme (NAWIS), Benevolent Fund, Post Service Housing Directorate Contribution (if the deceased was a contributor) and Federal Housing Scheme (if the deceased was a contributor)) of late Mr. Goriola Olanrewaju.

    An Order of this Honourable Court directing the Defendants to pay the death Gratuity and Entitlements of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 to the Claimant including but not limited to the Nigerian Army welfare Insurance Scheme (NAWIS), Benevolent Fund, Post Service Housing Directorate Contribution (if the deceased was a contributor) and Federal Housing Scheme (if the deceased was a contributor)) of late Mr. Goriola Olanrewaju the Claimant forthwith.

      The Claimant claims the sum of N2,000, 000.00 (Two Million Naira only) as General Damages.

     The Claimant also claims the sum of N1,000,000.00 (One Million Naira only) as Solicitors fees and cost of this Action.

2.  In response to the Claims, the 1st – 4th Defendants filed their defence dated 2nd May, 2018 together with a list of Defendants’ witnesses and Defendants’ witness statement on oath deposed to by Master Warrant Officer Basil Ogoke, and other documents the Defendants intend to rely on at the trial.

Trial commenced in the suit on 9th March 2021 and was concluded on the 13th of July 2021.  The Claimant gave evidence for himself by adopting his witness statement on oath deposed to The Claimant tendered in evidence exhibits as follows:

i.          Copy of the deceased Birth Certificate issued on 21st September, 1983 as exhibit

    ii  Letter of Condolence dated 25th September, 2004 as exhibit

iii.       Letter of Condolence dated 12th October, 2004

     Copy of the Deceased Death Certificate

    iv Sworn Affidavit as to Next of Kin as exhibit

 V Letter dated 2nd of April, 2015

 The Claimant is the Next of Kin and younger brother to Late Mr. Goriola Olanrewaju (94NA/38/2119); former employee of the 1st to 4th Defendants.

The Claimant received a letter of condolence dated 25th September, 2004 from the Nigerian Army about the death of his brother, Late Mr. Goriola Olanrewaju (94NA/38/2119) informing him that his death occurred whilst on Operation Crystal Calm, Plateau State on the 23rd September, 2004.

That the said “Letter of Condolence specified that the Nigerian Army will only relate or deal with the Claimant as the recognised next-of-kin of his deceased brother, Late Mr. Goriola Olanrewaju (94NA/38/2119) for the purpose of claiming the deceased ‘death gratuity’ and the following claims:

   Nigerian Army Welfare Insurance Scheme (NAWIS);

   Benevolent Fund;

   Post Service Housing Directorate Contribution (if the deceased was a contributor); and,

     Federal Housing Scheme.

The letter informed the Claimant that to enable the Nigerian Army process these benefits, the Clamant was required to provide the following:

   Death Certificate (Original)

   Notification of Death

     Part 2 Order publication

     Letter of Condolence

   Sworn Affidavit of Next-of-Kin (NOK)

     Declaration as to Next-of-Kin (NOK)

      18 passport-size photographs of Next-of-Kin (NOK)

The said letter of condolence did not specify the exact amount of the death gratuity and entitlement of Late Mr. Goriola Olanrewaju (94NA/38/2119) and the Claimant found it necessary for the 1st to 4th Defendants to disclose the exact amount.

The Claimant states that he complied with the requirements for claiming his deceased brother’s entitlement as detailed in the letter of condolence dated 25th September 2004.

 That notwithstanding compliance therewith, in addition to the several letters written to the Defendants, efforts and numerous trips embarked upon by the Claimant to the respective Army Barracks at Serti-Baruwa in Taraba State, Abuja and even Jos where the deceased was finally buried, the Nigerian Army still failed and refused to pay all his deceased brother’s entitlement

 It is the case of the Defendant that expeditious payment of a deceased soldier’s entitlement depends on the named dependent’s ability to satisfy the requirements for eligibility and that at the time of filing this suit, the Claimant has neither complied with the stated requirements nor satisfied the criteria for eligibility to be paid his deceased brother’s entitlement.

That unless and until the Claimant fulfils the requirements prescribed for payment of his deceased brother’s entitlement, the Defendants will not be in a position to effect or cause payment of the entitlements to be effected.

That they are not insensitive to the plight and welfare of their officers and servicemen; but the Claimant did not, at the time of filing this suit, comply with the condition-precedents for instituting this action.

The Defendants state that this action, as presently constituted against the 1st to 4th Defendant, is statute-barred

      In his judgement,the presiding Judge Elizabeth Oji stated thus :

 I have considered processes filed in this suit, the reliefs sought, the evidence led at trial, the exhibits tendered, and the arguments of Counsel.  I set the following three issues down for determination:

1.      Whether this suit is statute barred.

2.      Whether the Claimant has complied with the conditions for the payment of his deceased brother’s entitlements to him/commencement of this suit.

    Whether the Claimant is entitled to his claims.

the Defendants’ failure or neglect to pay the Claimant’s brother’s gratuity and consequential benefits was a continuing one; and that the failure or neglect to pay him his deceased brother’s gratuity and entitlements is a continuous one until cessation I was surprised that despite all efforts made by the claimant and his family to have the entitlement of late Goriola Olanrewaju paid to him, the Nigerian Army failed and refused to pay all his brothers entitlement as promised and expected.

     That the Defendants are insensitive to the plight and welfare of their officers and their families in view of the attitude of the Defendants throughout the process of claiming the entitlement of a Soldier that devoted his life to serve his Country and in the process lost his life.

 That the Defendants are yet to pay the entitlements of late Mr. Goriola Olanrewaju with Identification number 94NA/38/2119 PTE to me as his Next of Kin hence this suit.

     I agree with the argument of Claimant that there is continuance of injury; in not being paid the entitlements of his deceased Soldier/brother, as at the date of the commencement of this action.

Counsel to the Defendants tried to take the date of the Claimant’s Solicitor’s letter as the day the Claimant woke up from his slumber to ask for his brother’s entitlement, but did not discredit Claimant’s evidence that he had made several trips to the offices of the Defendants to ask for the entitlement of his deceased brother, without success, support or sympathy from the Defendants.

A cause of action will not abate or become time barred until the injury or damages which is of continuing nature completely stops or abates. .

 I am of the considered view that this is a clear case of continuous injury/damage, to which the statute of limitation, does not apply.  I so hold.  This suit is therefore not statute barred.

 Issue two is “Whether the Claimant has complied with the conditions for the payment of his deceased brother’s entitlements to him/commencement of this suit.”  The Defendants have not denied that the Claimant’s brother was a Soldier under them, and died in active service.

The Defendants in their issue two for determination questioned “whether the Claimant has discharged the burden of proof entitling him to the reliefs sought in the Amended Statement of Claim.

In raising this issue, the Defendants argue that the Claimant has not met the requirements for the processing of benefits of his deceased brother, and for commencing this action before this Court.

It is to be noted that upon the demise of the Claimant’s brother in active service, the Defendants wrote to the Claimant.

The Claimant’s brother died on the 23rd of September 2004, and the Defendants wrote to the Claimant on the 25th of September 2004; exactly two days after.  The letter is admitted as exhibit.

The Defendants refused to give the Claimant his brother’s benefits for none presentation of DECLARATION AS TO NOK, yet, the Defendants themselves had written to the Claimant, informing him of his status as the deceased soldier’s next of kin.  Part of paragraph three of exhibit C3 reads, “the Nigerian Army will deal with you directly as the late soldier’s Next-of-Kin (NOK).

This clearly shows that the Defendants have information, which the Claimant probably did not have.

In the same vein, the Defendants require the Claimant to present the Part 2 Orders Publication, which again is exclusively within the custody of the Defendants.

  I agree with Claimant’s Counsel when he argued that claimant in his evidence in chief stated that he provided all the documents in his custody as requested by the Defendants to claim his deceased brother’s entitlements.

The two documents he could not provide are documents in the possession and custody of the Defendants. There is no way he could produce or manufacture those documents (Part 2 Orders publication and the deceased employment bio-data) without the Defendants releasing same to him.

It is the duty of the Defendants to release the said documents to the Claimant but they refused to do so despite several attempts made by the Claimants as stated in his evidence in chief and cross-examination.

    The Defendants in refusing to assist the Claimant by the provision of the requisite documents in their custody, was taking with the left hand, what they had given with the right.

It reeks of insensitivity and makes the Claimant a victim of military bureaucracy, which he is neither part of or trained in.  It is not a way to reward the acknowledged “service to the Nigerian Army in particular and the Nation in general.”  Taking a holistic consideration of the requirement for the claiming of the deceased brother’s entitlement.

     Issue three is “Whether the Claimant is entitled to his claims”. To determine this issue.

Based on the finding under issue two, I find that the Claimant has established entitlement to this relief.

I therefore DECLARE THAT by virtue of the letter of condolence dated 25th day of September, 2004, the Claimant is the person entitled to claim the entitlement of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 PTE as his Next of Kin”

The 1st and 4th Defendants are hereby ORDERED to disclose the exact amount of the gratuity and entitlements (including but not limited to the Nigerian Army welfare Insurance Scheme (NAWIS), Benevolent Fund, Post Service Housing Directorate Contribution (if the deceased was a contributor) and Federal Housing Scheme (if the deceased was a contributor)) of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 PTE to the Claimant forthwith.

     By the same reasoning, the Defendants are hereby DIRECTED to pay the death Gratuity and Entitlements of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 to the Claimant including but not limited to the Nigerian Army welfare Insurance Scheme (NAWIS), Benevolent Fund, Post Service Housing Directorate Contribution (if the deceased was a contributor) and Federal Housing Scheme (if the deceased was a contributor)) of late Mr. Goriola Olanrewaju with identification number 94NA/38/2119 PTE to the Claimant forthwith.

I find that the Claimant is entitled to damages for these.  I award the sum of N500,000.00 as damages to the Claimant against the Defendants for the injury suffered by the Claimant due to the Defendants’ failure to pay him his brothers benefits.

     Cost of this action is set at N500,000.00 only against the Defendants.

This judgment is to be complied with, not later than 60 days from this day; failure at which the money judgments will accrue interest at the rate of 20% per annum.

Judgment is entered accordingly.

   Up till now the judgement has not been obeyed.