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Nigerian Navy under Fire as NBA Demands Compliance with Court Orders in Labinjo Case

Gbenro Adesina by Gbenro Adesina
September 19, 2025
in Headline Stories, Judiciary
Reading Time: 6 mins read
0
NBA Confronts Nigerian Navy Over Defiance of Supreme Court and NIC Orders in Labinjo Case

Mrs. Uchenna Ogunedo Akingbade, NBA Lagos Branch Chairperson, Addressing Navy Representative

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The Nigerian Bar Association (NBA), Lagos Branch, has taken a firm stand against the Nigerian Navy over its alleged refusal to comply with multiple court judgments in favour of one of its members, Captain Dada Labinjo, who has been in a two-decade-long legal battle with the military institution.

Labinjo, who joined the Navy in 1976 and rose to the rank of Captain in 1998, was dismissed in 2001 after being convicted by a General Court Martial.

However, in 2004, according to a narrative by Equivocator, the Federal High Court overturned his conviction, ordering his reinstatement.

Equivocator on his X handle said the ruling was later upheld by the Court of Appeal and, ultimately, by the Supreme Court in 2012. Despite this, the Navy failed to reinstate him for years.

Law

In 2017, Labinjo was recalled but reinstated only at the rank of Captain, the same position he held before his dismissal.

Describing this as a violation of the Supreme Court’s decision, he rejected the offer. He approached the National Industrial Court (NIC), demanding recognition as a Vice Admiral, the rank his contemporaries had attained by then.

On March 24, 2025, the NIC ruled in his favour, ordering his promotion to Vice Admiral, immediate retirement due to age, and the payment of all entitlements and arrears dating back to 2001, amounting to over N280 million.

Rather than comply, the Navy on September 3, 2025, reportedly issued an internal signal declaring Labinjo a deserter and ordering his arrest “on sight,” in defiance of the NIC ruling and prior Supreme Court judgments.

This prompted the NBA Lagos Branch, led by its Chairman, Mrs. Uchenna Ogunedo Akingbade, to storm the Navy Headquarters in Lagos on September 12.

The association demanded that the Navy withdraw the “illegal signal,” obey the NIC judgment, and respect the rule of law. The body also threatened sanctions against the Navy if it failed to comply.

The Association claimed that the Navy is bound by the Constitution to obey the decisions of the National Industrial Court and the Supreme Court of Nigeria, stressing that no institution is above the law.

The development has reignited concerns over military compliance with civil court judgments in Nigeria, raising fresh questions about constitutionalism, rule of law, and institutional accountability.

The story as narrated by Equivocator:

“The Sad Tale of Captain Dada Labinjo versus the Nigerian Navy”

“The Nigerian Navy may have cute white uniforms, but they have shown the biggest disrespect for the rule of law in 2025. Here is the sad story of Captain Dada Labinjo’s ordeal at the Nigerian Navy.

“Captain Labinjo joined the Navy in 1976. He faithfully and diligently served his country while he rose through the military ranks. In 1998, he was promoted to the rank of a Navy Captain. He received several awards for his diligent service to the Navy.

“But in 2001, he was arrested, prosecuted and convicted by a General Court Martial (military court). He was then dismissed from the Navy after this conviction.

“Labinjo went to the Federal High Court (civil court) to set aside his trial and conviction by the military court. In 2004, the Federal High Court granted his prayers and set aside his conviction. The Court also ordered his reinstatement into the Navy from the date of his trial and conviction (i.e, 2001).

“The Navy did not obey this judgment of the Federal High Court. Rather, they unsuccessfully appealed up to the Supreme Court. In its judgment of 2012, the Supreme Court affirmed that Labinjo should be reinstated back into the Navy, as if he was never dismissed in the first place.

“The Navy did not obey this judgment of the highest court in Nigeria. From 2012 until 2017, Captain Labinjo continued to write letters to the Nigerian Navy, begging them to respect the decision of the Supreme Court and reinstate him back into service. The Navy ignored him consistently.

“After his dismissal from the Navy and during his trial at the civil courts, Captain Labinjo went to study Law at LASU and was called to the Nigerian Bar in 2006. he started working as a lawyer, since the Navy had refused to reinstate him to service.

“In 2017, the Navy then reinstated him into service. However, they told him that they were reinstating him back into the rank of Captain which he held before his dismissal in 2001. Labinjo considered this as an insult and disregard for the Supreme Court judgment. According to Labinjo, he should be reinstated into a higher rank which he should have been if he was never dismissed. He then refused to accept this reinstatement as a Captain.

“Labinjo then ran to the National Industrial Court, asking the court to order his reinstatement into the Nigerian Navy as a Vice Admiral, because this was the rank he should have attained in 2017 if he was not wrongfully dismissed by the Nigerian Navy in 2001.

“Labinjo adduced evidence to show that all his classmates who entered into the Navy at the same time as he did were either retired or were Vice Admirals as at 2017. He argued that he should be a Vice Admiral and should get all his salaries and benefits from 2001 until date.

“The Nigerian Navy disagreed with Labinjo. They argued that Labinjo could not bring this action before the National industrial Court because the issue had already been litigated up to the Supreme Court. They argued that they had the discretion to decide what rank he gets reinstated to. They also argued that Labinjo had to first report for duty before raising the issue of his promotion and unpaid salaries.

“The lawyers to both Labinjo and the Navy made very strong arguments to support their cases. The arguments on both sides were so good that the trial Judge had to commend both lawyers on judgment day.

“In his judgment delivered on 24 March 2025, the Judge held that the case was not caught by estoppel, because the claim at the National Industrial Court was different from the previous claim at the Supreme Court. It therefore had jurisdiction to hear the dispute.

“The Court further held that Labinjo was entitled to his claims and ordered his immediate reinstatement into the Navy as a Vice Admiral. It held that because Labinjo had passed the maximum age for service, he should be immediately retired after his promotion. The Court also ordered the immediate payment of all his arrears of salaries and other benefits from 2001 till date which amounts to over N280 Million Naira, plus costs of action.

“However, the Navy still refused to obey this decision. They chose to issue an illegal signal on 3 September 2025, declaring Captain Labinjo as a deserter, and ordering his arrest on sight. This was in clear contravention of the judgment of the National Industrial Court and the Supreme Court of Nigeria.

“This is an attack on the rule of law. The Navy is bound by the Constitution to respect and obey the decision of the Court. The NBA Lagos Branch
decided to step into the matter to fight for its member, Captain Labinjo, who is also a Lagos Lawyer.

“On Friday 12 September 2025, the NBA Lagos Branch led by its Chairman, Mrs. Uchenna Ogunedo Akingbade stormed the Navy HQ in Lagos and asked the Navy to immediately withdraw its unlawful signal and arrest warrant issued against Vice Admiral Dada Labinjo. The NBA Lagos branch threatened to impose sanctions on the Nigerian Navy if it fails to withdraw the illegal signal and immediately comply with the decision of the National Industrial Court.

“I call on the Nigerian Navy to respect themselves, the rule of law, the Constitution of the Federal Republic of Nigeria, the National Industrial Court of Nigeria and the Supreme Court of Nigeria. This is the era of constitutionalism and respect for the rule of law.”

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Tags: Captain Dada LabinjoIllegal DismissalNigerian Bar Association (NBA)
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