Army vs retired General: Court fixes July 10 to hear N5bn suit

The National Industrial Court, NIC, Abuja, has fixed July 10, for hearing of the suit filed by Maj.-Gen. Ijioma Nwokoro Ijioma, against the Nigeria Army Council.

Ijioma, the claimant, is challenging his purported retirement through a letter dated June, 9, 2016.

He is seeking for an order compelling the respondents – Army Council, Nigerian Army, Minister of Defence, Chief of Defence Staff and Chief of Army Staff – to jointly and severally to pay him N5 billion as damages.

The judge, Justice Edith Agbakoba, fixed the date to enable the Nigeria Army Council file their statement of defence.

Earlier, counsel to Army Council, Mr M. Owolabi, had told the court that he had a motion seeking extension of time to file respondents’ statement of defence.

The application was not opposed by counsel to the claimant, Mr Akpomiemie Akpomiemie, who held the brief of Chief Michael Ozohkeme (SAN).

In July last year, Ozekhome, in an originating summon, asked the court to declare Ijioma’s purported compulsory retirement illegal.

He said, “The letter entitled, Compulsory retirement NA Officer Major General Ijioma Nwokoro Ijioma (N/8304), pursuant to the provisions of paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, did not follow due process and is consequently illegal, invalid, wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever”.

Ozekhome prayed the court for an order setting aside the letter of compulsory retirement issued by the Army Council.

Other relief sought by the applicant included, “an order restraining the respondents from giving or continuing to give effect to the letter dated 9th June, 2016, purported to have compulsorily retired the Claimant from the service of the Nigerian Army.”

He also sought an order compelling each of the respondents to pay him N1 billion as general, aggravated, punitive and exemplary damages for what he termed unlawful, wrongful, illegal, unconstitutional and oppressive compulsory retirement and the attendant humiliation, psychological trauma, mental agony and odium caused him and his family, by the actions of the respondents.

The applicant said in case he could no longer be employed in the service of the Nigerian Army, the court should compel the respondents to tender a public apology to him in three leading national daily newspapers.

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