Femi Falana Urges AGF to Intervene in Nigerian Army’s Disregard for Court Rulings on Wrongful Retirement of Officers
Human rights advocate and lawyer, Mr. Femi Falana (SAN), has called for immediate intervention from the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Lateef Fagbemi (SAN), regarding the Nigerian Army’s continued failure to comply with court rulings concerning the wrongful retirement of 38 military officers.
In a letter dated December 5, 2024, addressed to the AGF, Falana urged the minister to instruct the Nigerian Army to respect and implement the judgements handed down by the National Industrial Court (NIC) and the Court of Appeal. These rulings, which have been ignored for several years, directed the reinstatement of the affected officers, who were retired without trial or formal charges.
Falana highlighted that the officers in question were compulsorily retired on June 9, 2016, without being informed of any allegations against them or undergoing a trial. Despite their repeated requests for clarification regarding the reasons for their retirement, the Nigerian Army failed to respond for over eight years. While the Minister of Defence and the former Chief of Army Staff had publicly accused the officers of corruption, Falana emphasized that no evidence of such misconduct had ever been presented.
The legal battle began when seven of the officers sought redress at the National Industrial Court, which ruled in their favor, declaring their retirement illegal and ordering their reinstatement along with the payment of all their outstanding salaries and allowances. These judgements, delivered between 2019 and 2021, were not appealed by the Nigerian Army, but the authorities still failed to enforce them.
Notably, officers such as Major General Ijioma Nwokoro Ijloma, Brigadier General Abubakar Hanafi Sa’ad, and Colonel Danladi Ribah Hassan have not been reinstated, despite the clear court orders and the expiration of the appeal period. Colonel Hassan’s case was further upheld by the Court of Appeal, but the Nigerian Army disregarded the decision.
Falana pointed out the inconsistency in the Army’s handling of similar cases, referring to Major General Ahmad Muhammed, who was reinstated under comparable circumstances. The lawyer also highlighted that the National Assembly, through both the Senate and the House of Representatives, had investigated the wrongful retirement of two other officers, Colonels Chidi Ukoha and Osita Nwankwo, and recommended their reinstatement. However, these resolutions have also been ignored.
In light of these ongoing violations, Falana urged the AGF to use his office to compel the Nigerian Army to comply with the court rulings and the National Assembly’s recommendations. He reminded the AGF of the government’s commitment to the rule of law and urged him to ensure that the officers’ meritorious service to the country is acknowledged through their reinstatement and the provision of justice.
In closing, Falana appealed to the AGF for the reinstatement of all 38 officers, emphasizing the importance of adhering to court orders and ensuring justice is served.
