Court Declines Jurisdiction In Female Army Officer’s Case Over AWOL Declaration After Marrying Foreigner Abroad

The Federal High Court in Abuja has declined jurisdiction in the case of Major N.U. Ukachukwu, a Nigerian Army female officer who accused the military leadership of declaring her absent without leave (AWOL) after she married a foreigner and voluntarily resigned from service.

Justice Inyang Ekwo referred the matter to the National Industrial Court, which handles employment issues in Nigeria.

Major Ukachukwu, who was commissioned to the Nigerian Army Directorate of Legal Services on December 5, 2009, met and married K. Lawton in Scotland, United Kingdom, while on a doctoral research program in 2021. She subsequently wrote to the Nigerian Army, tendering her resignation and relinquishing her commission under Section 151 of the Traditions, Customs, and Ethics of the Nigerian Army.

However, according to her lawyer, Godwin Idem, the Nigerian Army did not respond to her resignation letter for seven months and instead declared her AWOL, ordering her arrest. Idem argued that his client committed no crime other than marrying a foreigner and that she lawfully resigned from the military.

The Nigerian Army, represented by Deborah Bassey, Esq., denied the applicant’s claim that she was not absent from duty, contending that the duration of Major Ukachukwu’s PhD program and the period of her release were clearly stated in the releasing letter and Training Orders. Bassey also pointed out that issues relating to marriage by or of service personnel of the Nigerian Army to foreigners are legislated against and guided by extant laws, rules, and regulations.

In his judgment dated March 15, 2024, Justice Ekwo held that based on Section 254 C of the 1999 Constitution (as amended), the National Industrial Court has exclusive jurisdiction on matters connected with employment. He declined jurisdiction on the case but referred it to the National Industrial Court for determination.