Court fixes February 2 to hear compulsory retirement of major general

The National Industrial Court, Abuja has fixed February 8, 2018 for hearing in a suit instituted by Major General Ijioma Nwokoro Ijioma against the Nigerian Army, the Chief of Army Staff and two others.

Ijioma, in his prayers before the court in suit no: NICN/ABJ/262/2016, is seeking for his reinstatement into the Nigerian Army, stating that his compulsory retirement did not follow due process and procedure.Other defendants in the suit are: Minister of Defence and Chief of Defence Staff.

The claimant who is challenging the validity of his compulsory retirement from the army after putting in about 33years in services is expected to present its sole witness before the court on February 8 to establish his case against the defendants.

He claims to be a Major General and officer in the Nigerian Army Headquarters, Nigerian Army Resource Centre, Mambilla Barracks, Asokoro, Abuja, before his purported compulsory retirement on June 9, 2016.

Ijioma, in his statement of claim, said that there was no justifiable reason for the his early compulsory retirement as he has not attained the mandatory retirement age for Major Generals in the Army, which is 56 years, as he was only 53 years by 12th June, 2016, and have only served for 32 years, 11 months and 5 days, as against the mandatory 35 years service age for retirement as provided for by Rule 020810 of the Federal Government Public Service Rules, which is also applicable to the Military.

He is therefore seeking, among others, the Court’s interpretation of the law as to whether:“Whether he as a Major General in the Nigerian Army, ought to be tried by a General Court Martial for any alleged offence and cannot be tried summarily, which is a trial reserved for officers of lower rank in the Military. ‘’