The defendant counsel, Simon Onoja, in a preliminary objection, urged the court to strike out the suit for being incompetent due to non-fulfillment of condition precedent to instituting an action, and for lack of jurisdiction. Onoja raised the objection, as he claimed that the claimant did not compile with Section 178 of the Armed Forces Act. “The disagreement between the parties is whether the letter written to the President, Commander-in-Chief, amount to fulfillment of condition precedent provided for in Section 178 of the Armed Forces Act. “Based on the letter of appeal written to the President, the claimant has complied with the condition precedent before instituting his action as stipulated by the Armed Forces Act. “The court has also found that the pleading of the claimant has disclosed a cause of action capable of being enforced,” the judge said.

Source: The Guardian April 16, 2018 12:22 UTC