The Federal High Court in Lagos has restrained the Nigerian Navy and other security agencies from arresting ‘Vice Admiral’ Dada Olaniyi Labinjo (rtd), following a ‘deserter signal’ the service issued against him.
The Nigerian Navy had on September 3, 2025, about 14.25 hours, issued a signal to all its formations declaring ‘Captain’ DO Labinjo of Service No. NN0408, deserter alongside Lt Cdr SA Ibe-Lamberts NN 0840 and ordered to be apprehended if found.
Justice Ambrose Lewis-Allagoa, who issued the order, also ordered that the deserter signal numbered 643NG and dated September 3, 2025, which ordered the arrest or apprehension of the retired Naval officer “shall remain unexecuted” until the hearing and determination of the substantive suit.
Justice made the orders while granting an ex parte motion filed by Labinjo’s lawyer, Andrew Igboekwe (SAN).
Respondents in the suit are the Nigerian Navy, the Chief of Naval Staff, the Navy Board and the Attorney General of the Federation (AGF).
Justice Lewis-Allagoa granted an order of interim injunction restraining the respondents and other law enforcement agencies from arresting the applicant either on account of the signal or any other account whatsoever, other than a valid order of a court of competent jurisdiction, pending the hearing and determination of the substantive application.
He ordered that the signal “shall remain unexecuted by the respondents” pending the hearing and determination of the motion on notice for the enforcement of the applicant’s fundamental rights.
The judge adjourned the case until October 20.
Earlier, the Lagos branch of the Nigerian Bar Association (NBA) had kicked against the ‘Deserter’ order against Labinjo, demanding that Naval headquarters should retract it.
According to a statement by NBA: “Our attention has been drawn to a Nigerian Navy signal dated, September 3, 2025, which classified our esteemed member, Vice Admiral Dada Labinjo (formerly Navy Captain) (rtd.), as a deserter.’ This allegation is false, baseless, and in contempt of a subsisting court judgment.
“The Nigerian Navy is fully aware of the judgment of the National Industrial Court presided over by Justice I. Nweneka, delivered on March 24, 2025, where the court held emphatically in paragraphs 42 and 48-52 as follows: e Para 42: The claimant was not absent without official leave. e Paras 48-49: By April 12, 2017, the claimant had exceeded the statutory age of 60 years and 35 years of service, and must retire immediately after reinstatement. e Paras 50-51: The court rejected the Navy’s argument that the claimant could be kept in service beyond this date. Para 52: The claimant is declared a retired Naval Officer of the rank of Vice Admiral with effect from April 11, 2017.
“From the forgoing, it is beyond dispute that Vice Admiral Labinjo (rtd) ceased to be a serving Naval officer as of April 12, 2017.
“Nevertheless, by a signal issued on September 3, 2025, the Navy purported to classify him as a deserter with effect from December 2, 2019. This step is unlawful and particularly troubling, as it was taken months after the National Industrial Court, in its binding judgment of March 24, 2025, conclusively resolved this very issue.
“NBA Lagos branch views this signal as a grave overreach. We hereby call on the Nigerian Navy, and all law enforcement agencies to remain law-abiding and to respect the sanctity of court judgments. If dissatisfied with the decision of the court, appropriate lawful channels exist for redress. The authority of the court cannot be undermined by unlawful signals or arbitrary actions from the Nigerian Navy.”