By Tobi Soniyi in Abuja
One of the army general affected by the recent massive retirement in the armed forces, Major General Ijioma Nwokoro Ijioma, has dragged the Nigerian Army to the National Industrial Court, seeking to over turn his retirement.
In the case filed by his lawyer, Chief Mike Ozekhome (SAN), the general is asking the court to declare that his purported compulsory retirement from the services of the Nigerian Army, vide letter dated 9th June, 2016, titled, “Compulsory Retirement NA Officer Major General Ijioma Nwokoro Ijioma (N/8304)” pursuant to the provisions of paragraph 09.02c(4) of the Harmonised 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.
He wants the court to set aside the letter of compulsory retirement and to order his immediate reinstatement to his rank and payment of all entitlements and perquisites of office due to him pursuant to the order setting aside the letter of compulsory retirement dated, June 9, 2016.
Ijioma also asks the court to compel the respondents jointly and severally to pay him the sum of N1 billion as general, aggravated, punitive and exemplary damages for the 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.
Apart from the Nigerian Army other respondents are the Minister of Defence, Chief of Defence of Staff and Chief of Army Staff.
He also asked the court to declare that he was never validly and legally retired from the services of the Nigerian Army on June 9, 2016, vide letter dated June 9, 2016, issued by the Army Council pursuant to its meeting of the same date, or at any other time.
He prays the court for an order restraining the Respondents from giving or continuing to give effect to the letter dated June 9, 2016, purported to have compulsorily retired him from the service of the Nigerian Army.
He is also seeking an order restraining the respondents, from obstructing, disturbing, interfering, stopping or preventing him in any manner whatsoever, from performing the functions of his office as a serving Major General of the Nigerian Army in the last position and place of assignment, before the letter of compulsory retirement dated June 9, 2016.
He also seeks and order restraining the Nigerian Army, or any other government or Security Agency from, interfering or acting by proxy, or otherwise, to intimidate, harass, arrest and/or detain him, or taking any untoward action on any fact connected with or related to the facts of this case, upon which he seeks for justice before the court.
