Need to Reconsider Soldiers Retired without Justification

With the Chief of Defence Staff, General Lucky Irabor and the Chief of Army Staff, Lt-General Faruk Yahaya, last week calling on retired soldiers to offer their expertise in the fight against insurgency, observers are also asking them to reinstate some of the 38 senior military officers who were compulsorily retired without justification not only because the courts have ordered their reabsorption but because they are young and still have a lot to offer the nation. Chiemelie Ezeobi writes

The Chief of Defence Staff (CDS), General Lucky Irabor and Chief of Army Staff, Lt-General Faruk Yahaya, last week called on retired soldiers to offer their expertise in the fight against insurgency.

While speaking at the opening of the 2021 second quarter of the veterans’ affairs seminar/workshop in Plateau State, General Yahaya, who was represented by the Director of Army’s Personnel Services, Major General Boniface Sinjen, said the retired soldiers have major roles to play toward tackling current security challenges.

He said the workshop, with the theme: ‘The Role of Nigerian Army Veterans in Nigeria’s National Security Architecture’, will afford the army the opportunity to tap from the experience of retired personnel.

“The importance of this seminar/workshop cannot be overemphasised, bearing in mind the special roles our retired/discharged colleagues play in the society, especially at a time like this when our nation is faced with diverse but surmountable security challenges,” he said.

“These challenges include activities of the Boko Haram/Islamic State of West Africa Province (ISWAP), farmers/herdsmen clashes, banditry and kidnapping. I am particularly impressed with the selection of the theme for this workshop, which will provide a forum for us to tap into the wealth of experience of our veterans in tackling the issue of insecurity in Nigeria.

“This workshop is also aimed at broadening the knowledge of our veterans on their important roles in Nigerian national security. This is in line with my desire to uplift the standard of both serving and retired/discharged personnel, while diligently performing our constitutional role of securing the nation.

“This combined effort of all persons, especially those of us in uniform, both serving and retired, in securing our nation is further encapsulated in my vision for the Nigerian Army, which is to have a ‘professional Nigerian Army ready to accomplish assigned missions within a joint environment in the defence of Nigeria’.

“So, I enjoin you all to use this unique opportunity provided by this seminar to dig into your kitbags, bring out those special expertise and experience acquired over the years, have engaging interactions with your colleagues and let us see how we can jointly defend Nigeria, our beloved country.”

A day after Yahaya spoke, the CDS, General Irabor while speaking Makurdi, the Benue State capital, during a meeting with retired senior military officers from the North-central zone, said Nigeria “needs to fall back on retired military officers” in the fight against insecurity.

The CDS added that retirees could use their experience of living with civilians to provide security intelligence that can help in efforts to secure the country.

He urged the ex-servicemen not to consider themselves as retired personnel, but combatants in active service.

“To make a significant impact in ensuring that peace takes pre-eminence in the country, we need to fall back on the retired military officers. This is because they also live among the people, thereby having a lot to offer regarding security issues.

“Once a military officer, you remain a military officer for life, whether serving or retired. The motto of the country, which is ‘Unity, Peace and Faith’, is what we swore to defend, and we are committed to it,” Irabor said.

On his part, Chief of Defence Civil Military Corporation (CDCIMIC), Rear Admiral Frederick Ugo, added that the country’s current security situation requires that “all hands must be on deck”.

“We have to tap from their (retired senior personnel) adequate training, experience and years of service. They have the capacity to think logically in identifying the security challenges and proffer solutions,” he said.

Since the above mentioned officers made the comments, many stakeholders have been wondering why the army authorities have been ignoring calls from different quarters for the reinstatement and reabsorption some of the 38 senior officers compulsorily retired under the former Chief of Army Staff, Lt-General Tukur Buratai without justification.

They feel that some of the officers who were prematurely retired from service, still have a lot to offer the country than those who are completely spent since they are still in their 40s.

Recall that at the time the officers were sent packing, they were informed by the then Army spokesman, Brig. Gen S.K. Usman, that they were compulsorily retired on “disciplinary grounds, serious offences”.

Even the then Minister of Defence, Brig. Gen Mansur Dan-Alli (rtd) and Buratai himself, corroborated Usman’s statement, alleging further that due process and fair hearing were granted to all the 38 officers, implying that they were found guilty by a competent legal procedure.

Specifically, Buratai the then COAS said: “It took us painstaking procedure to ensure we did not pick innocent ones. We started with one inquiry from One Division GOC to the other. After that, we subjected it to legal review. After the legal review, we forwarded our recommendations to higher authorities for consideration. So, it took us time; we have our own process also; our administrative process dovetailing into legal review and so on.”

However, it did not take long for Nigerians to know that none of the 38 officers was found guilty of any offence, and were never charged, tried or found guilty, let alone even appeared before any court martial.

Several of the officers who felt the Army breached its extant rules and regulations in carrying out the retirements took their grievances to courts to clear their names. This was after they had appealed to President Muhammadu Buhari for his intervention and reinstatement, but no response from the presidency or the army.

Seven of the officers have since won their cases in courts which ordered their reinstatements into the Force. The officers who got judgments against the Army are: Maj Gen Ijioma, Cols Hassan and Suleiman as well as Lt Cols Arigbe, Dazang Mohammed and A.S. Mohammed. In the first half of the Year 2020 alone, the army lost four of these cases. Added to these seven, are another two officers who obtained National Assembly resolutions ordering their reinstatements representing some 20 per cent of the 38 officers.

Some of the officers, who are still in their 40s, are hoping that the Army authorities would carefully examine their case in the interest of justice because they still have a lot to offer the country in military service.

Curiously, Buratai refused to comply with both the court judgments and the resolutions. This has led to serious questions about the Army’s desire to adhere to the rule of law and provide justice for these officers.

For instance, in delivering his judgment on February 5, 2020 in Col M. A. Sulaiman v Nigerian Army and others, Justice Sanusi Kado corroborated the officers’ arguments by stating that: “The compulsory retirement of the claimant (Col MA Sulaiman), is hereby declared null and void and of no effect whatsoever, as it was not done in line with the extant rules and regulations.” This has been the pattern in the cases that have been concluded.

In fact, in a society where the rule of law is supreme and strictly adhered to, the plethora of losses the Nigerian Army has suffered would have caused a judicial review of the retirements. But this has not been the case as sources close to Army authorities revealed that the former COAS and the others may have bluntly sworn “with their last blood” never to revisit the retirements while they remained at the helm of affairs of the Army as that would be an admission that they lied against the 38 officers.

Many observers have since questioned Buratai for his action. Firstly, what manner of due process was followed by the supposedly highly professional Nigerian Army that made the 38 senior officers to be retired without being found guilty of an offence? When and where were all the officers charged, tried, and found guilty? Is there any evidence of the dates and times the Court Martials sat? Were the officers granted fair hearing? What were the status of the appeals of the officers to Mr. President? When will the Nigerian Army comply with the rule of law and obey the court orders and judgments?

In Wing Commander Mshelia v. NAF & ANOR (2014) the Court of Appeal held: “The Armed Forces as a body, is supposed to be exemplary, in discipline, the world over. To violate the law and retire a member of that body in consequence is not an exhibition of discipline or exemplary conduct. To refuse to act in accordance with Section 178 of the Armed Forces Act 2004, and to continue to keep the appellant in suspense, is an abuse of office, calculated at denying the appellant the right to seek redress in a court of law, and that is why the Public Officers Protection was invoked.

“The law does not give reprieve in such a situation. No one will be allowed on the one hand, to act in breach of the law in a high-handed manner, and on the other hand, seek the protection of the law. The courts will not open their doors to such unlawful acts and dereliction of duty, a duty imposed by law…

“As earlier opined, the Public Officers Protection Act is meant to shield public officers and bodies, lawfully and conscientiously carrying out their duties, within the scope of their authority, from attack. It is not meant to be used as a sword by public officers acting without good faith and in flagrant disobedience of the law, to attack and maim others, more so when those others, are members of the same family, engaged in the service and defence of our country.”

Despite this “locus classicus” judgment of the Court of Appeal, and the series of legal losses sustained by the army, the illegal and unjust retirements of the 38 senior military officers was not reviewed under the Buratai-led army.

This is why the stakeholders are urging both the CDS, General Irabor and the COAS, General Yahaya to ensure that justice is served on the retired officers. They appealed to them not emulate the former service chiefs, in order for them to make a difference in their time and comply with the court judgments in the interest of fairness, justice and equity.