Unlawful dismissal: Navy yet to ‘fully reinstate’ Labinjo, wife — despite supreme court verdict

Years after getting court judgments ordering their reinstatement into the naval service, Dada Labinjo and his wife, Sherifat Ibe-Lamberts (also known as Bola Labinjo), say the Nigerian Navy is yet to comply.

This is in spite of letters sent to the office of the vice-president and the attorney-general of the federation (AGF), seeking the intervention of the federal government.

HOW IT STARTED: IBE-LAMBERTS’ STORY

In 1997, Ibe-Lamberts, who was a lieutenant-commander in the navy at the time, appeared before a court martial on a five-count charge, including an allegation of unauthorised visit to a foreign mission.

On July 12, 1997, Sherifat was convicted and sentenced to two years of loss in seniority by the court martial. When the naval board ratified the conviction, the sanction was upgraded to compulsory retirement as contained in a letter dated February 2, 1998.

In the letter seen by TheCable, the naval board said her service was “no longer required,” adding that the retirement will take effect from January 21, 1998.

Dissatisfied with the conditions for retirement, Ibe-Lamberts filed a suit against the navy and the case went up to the appeal court. In December 2005, the appeal court ruled in her favour and set aside the ruling of the court martial.

Subsequently, the navy proceeded to the supreme court to request that the lower court’s judgment be set aside. In September 2007, the supreme court dismissed the navy’s appeal for lack of merit.

LABINJO’S EXPERIENCE

Labinjo, who was then a navy captain, was accused of offences ranging from disobedience of superior order to alleged involvement in oil bunkering.

In 2001, a court martial convicted Labinjo and sentenced him to six years imprisonment with a recommendation of dismissal. He subsequently approached the federal high court in Lagos to seek a dismissal of the ruling of the court martial on the basis that it was a breach of his fundamental human rights.

On May 3, 2004, the federal high court in Lagos declared the trial null and void for gross irregularities and breach of the fundamental human rights of the respondent. The court also ruled that Labinjo should be restored to his pre-trial position in the navy with payment of arrears of salaries and allowances.

However, the navy, through its counsel, filed a notice in the appeal court on May 31, 2004, and followed it up with an application filed on August 19, 2004.

In May 2008, the court dismissed the appeal filed by the navy for want of diligent prosecution, following the refusal of the navy to file “more legible copies” of the exhibits of the case presented to the lower court.

The navy, thereafter, approached the supreme court on the grounds that the appeal court was wrong to dismiss its suit without the opportunity to put forward its case, which the navy said violated its right to a fair hearing.

In June 2012, the supreme court ruled that the appeal was without merit and affirmed the decision of the lower court.

REINSTATED — BUT ‘WITHOUT PROMOTIONS AND ENTITLEMENTS’

After a series of letters written by the couple’s counsel to the ministry of justice, in 2015, Taiwo Abidogun, the solicitor-general at the time, wrote to the defence minister to ask for the navy to comply with the court rulings.

“This matter has a chequered history, having traversed the hierarchy of courts to the Supreme Court and back. In the circumstances, it is advised that it is in the best interest of the Nigerian Navy to comply with the judgment at the earliest possible time as it is worrisome for agencies of government to be seen in defiance of valid and subsisting court judgments,” the letter reads.

“However, in complying with this judgment, the Nigerian Navy may take steps to negotiate the amount to be paid to the claimant. This ministry volunteers its services to act as mediator to facilitate a negotiation between the parties.”

On April 11, 2017, the couple received letters notifying them of their reinstatement into the force.

Before his dismissal, Labinjo, who joined the navy in 1975, held the rank of captain, while Ibe-Lamberts joined the navy in 1984 and held the rank of lieutenant-commander at the time of her dismissal. The letters of reinstatement, however, did not state anything on benefits or promotions.

Again, the couple wrote to the naval authorities requesting that all previous promotions and entitlements be effected in line with the time that had passed. In 2018, the navy, in its response to the letters on payments of corresponding benefits, insisted that the court “only ordered the reinstatement of the senior officers to the Nigerian Navy and nothing more”.

DETENTION AMID LEGAL DISPUTE

While the couple awaited the navy’s position on full reinstatement, on September 13, 2018, Labinjo was arrested and detained in an underground cell. The next day, his wife was arrested. They were accused of conspiracy and unlawful dealing in petroleum products.

The couple spent months in detention amid calls for their release, including interventions by Femi Falana, a senior advocate of Nigeria (SAN), as well as a court order directing that they be freed.

Eventually, Ibe-Lamberts was released in August 2019, while Labinjo was released on December 3, 2019. They were then handed over to the Economic and Financial Crimes Commission (EFCC) for prosecution over alleged offences bordering on oil bunkering. The next court appearance on the EFCC case is scheduled for March 2022.

APPEAL TO AGF, OSINBAJO

While the couple awaits the navy on full reinstatement, several letters have been written to the office of the AGF and Vice-President Yemi Osinbajo, seeking their intervention on the matter.

In July 2021, the couple, through their counsel, wrote yet another letter to the AGF.

“The implication of the judgments in respect of the 2 officers is that the courts have granted accrued promotions to the officers as follows: ‘Capt DO Labinjo: Commodore with effect from July 2003; Rear Admiral with effect from July 2006; Vice Admiral with effect from March 2011; Admiral with effect from April 2013; and Lieutenant Commander SA Ibe-Lamberts: Commander with effect from 27 August, 1998; Captain with effect from 27 August, 2004; Commodore with effect from 27 August, 2009; Rear Admiral with effect from 27 August. 2013,” the letter to Malami reads.

“It is on this note, sir, that we humbly request the honourable minister and attorney-general of the federation to use his esteemed office to cause the Nigerian Navy to restore our clients to where they ought to be, by granting their accrued promotions to rear admiral and admiral, respectively, and immediate retirement from the service of the Nigerian Navy thereafter and the payment of all their accrued emoluments, entitlements, gratuity and pensions respectively.”

In October 2021, the AGF forwarded the petition to the navy, asking for comments to enable him to take an “informed decision” on the matter.

“I am directed to forward the above mentioned petition dated 12th July, 2021 with reference No: MLC/NN/07-21/01 addressed to the honourable attorney general of the federation and minister of justice by Marina Law Chambers on behalf of the client. A copy is herewith attached for ease of reference,” the AGF’s letter to the navy reads.

“I am further directed to request for your comments to enable the honourable attorney general of the federation take an informed decision on the matter.”

‘WE WANT FULL REINSTATEMENT’

Speaking with TheCable on behalf of the couple, Labinjo said after full reinstatement and receiving payment for all previous entitlements, they will willingly resign from service, since they have exceeded the required years of service.

“We are asking for three things. One, they (referring to navy) should re-employ us in line with the court order. The meaning of reinstatement is to re-employ the person,” he said.

“Two, restore the person. If you reinstate somebody and you did not restore, you haven’t done anything. Would you have done justice? To restore us, they need to get us all the promotions accrued to us during the litigation period.

“That same day, accept our resignation from the navy. My 35 years’ service in the navy should have ended in 2010, while that of my wife is 2019. All our mates have retired.

“None of us is technically employable in the navy but they should do documentation, re-employ us, at the same time, accept our resignation and pay us all our previous entitlements and emoluments accrued during the litigation period.”

NAVY YET TO RESPOND

When TheCable reached out to Suleman Dahun, navy spokesperson, he asked that a letter be sent to the navy seeking an explanation on the Labinjo and Ibe-Lamberts case.

The letter was sent via the email address provided by the navy spokesperson but no response had been received at the time of this report.