General sues Army over ‘unlawful retirement’

Alleging unlawful retirement, Brigadier-General Abdul Qadir Abubakar had dragged the Armed Forces Council, Nigerian Army Council, the Chief of Defence Staff, the Chief of Army Staff and the Ministry of Defence before a Federal High Court sitting in Kaduna.

Abubakar is challenging his retirement from the Nigerian Army without completing the normal mandatory period.

In a suit filed on his behalf by a Kaduna Lawyer, Tajudeen Oladoja, Brigadier Abubakar who is also a lawyer has approached the Court to set aside his purported retirement from the Army by the Defendants and reinstate him back into the service with all his rights and promotion to the rank of a Major-General.

The Suit No: FCH/KD/CS/56/2014 alleged that the Defendants without looking into his appeal carried out the retirement against Section 178 (2) of the Armed Forces Act, CAP A 20 Laws of the Federation, 2004.

Counsel to the Plaintiff said a letter from the second Defendants dated 11th December, 2014 in which the Plaintiff was advised to apply for voluntary retirement not later than 31st January, 2014 so that the Army Council may not need to consider him for compulsory retirement by the Army Council was against justice and fair hearing.

According to the Counsel, while the Plaintiff appeal was pending for redress and yet to be determined by the Commander-In-Chief of the Armed Forces, the second Defendant met on the 10th April, 2014, and approved the retirement of the Plaintiff from the Nigerian Army.

In the Writ of Summons, the Plaintiff Counsel has approached the Court to give an order directing the 2nd Defendants to review the Nigerian Army 2011-2013 promotion exercise concerning the Plaintiff and to grant him elevation to the rank of Major General the Nigerian Army.

The Counsel also asked that the Court should declare that the Plaintiff and indeed no Commission Officer of the Nigerian Army can be forcefully removed or coerced to retire in manners inconsistent with the Armed Forces Act 2004.

He requested the Court to also direct the Defendants to immediately restore the Plaintiffs promotion right, privileges and statutory career age of 54 years.

The Plaintiff is also demanding a Court order setting aside, nullifying and rendering ineffective the 2nd Defendants letters which forced the Plaintiff to retire without completing the mandatory age.

The court has fixed February 3, 2015 for the hearing of the suit.