Army 38: Appeal Court Affirms Judgment Ordering Reinstatement of Colonel

Alex Enumah in Abuja

The Court of Appeal in Abuja has affirmed a court judgment reinstating
a colonel, who was compulsorily retired along with 37 army officers in
2016.

A three-man panel of the Court of Appeal dismissed the appeal filed
against the lower court’s judgment by the army authorities.

The National Industrial Court (NIC) in Abuja had in its judgment
delivered on January 9, 2019 ordered the reinstatement of Colonel
Danladi Hassan, who was wrongfully retired compulsorily in 2016.

The trial judge, Justice Sanusi Kado of the National Industrial Court,
had held that the Nigerian Army failed to convince the court about the
disciplinary grounds for the compulsory retirement of the claimant.

He declared the letter of compulsory retirement null and void and of no effect.

Rather than comply with the industrial court’s verdict, the army
authorities comprising, Nigerian Army itself, the Nigerian Army
Council, the Chief of Army Staff, the Armed Forces Council, and
others, opted to appeal against the decision.

However, dismissing the appeal and affirming the industrial court’s
decision on Friday, Justice Stephen Adah, who read the lead judgment
of the three-man panel of the Court of Appeal, held that the
appellants’ case lacked merit.

PRNigeria reported that the Court of Appeal held that the appellants
failed to justify their claim that the lower court’s verdict was
perverse.

The findings of the Court of Appeal showed that the lower court’s
decision was based on the evidence presented before it by parties,
Justice Adah said.

The court also dismissed the technical argument of the appellants that
Hassan’s case before the lower court was incompetent.

It held that contrary to the appellants’ claim, Hassan complied with
the condition precedent as required under Section 178 of the Armed
Forces Act, before approaching the court.

“The lower court had elaborate consideration of all the facts, both
from the accusers, the accused person and their witnesses before
coming to the conclusion that the exercise of compulsory retirement
was done in error.

“It was in that respect that the court now held that the compulsory
retirement of the claimant was declared null and void; letter of
compulsory retirement also set aside and he was ordered to be
reinstated and a letter issued to that effect, reinstating him into
the Nigerian Army with all rights and privileges.

“There is no piece of evidence that is contrary to what the court has
said. So, there is nothing that is perverse by the findings of the
lower court,” Justice Adah said.

The Court of Appeal added that an appellate court would not interfere
with the findings of the lower court where the lower court has made
correct and straightforward findings of facts”.

“The trial court did excellently well in this case, and we have no
need to interfere with the findings of the court.

“It is in this respect that we come to the conclusion that this appeal
is lacking in merit. It is grossly lacking in merit, and it is hereby
dismissed.

“The decision of the lower court is upheld and all the decisions made
therein, are also sustained,” Mr Adah added.

The Court of Appeal’s judgment came about three weeks after the
National Industrial Court ordered the reinstatement of
Brigadier-General ASH Sa’ad, who was one of the 38 officers affected.

Brigadier-General Saad and Hassan along with 36 others were forced out
of service without recourse to the rules of disengagement in the
Nigerian military.

Most of the affected officers were neither queried nor indicted by any
panel but got flushed out for reasons that smacked of high-level
arbitrariness and witch-hunting by authorities of the army.

The officers had subsequently petitioned President Muhammadu Buhari,
in line with the military’s rules to seek redress.

But even after petitioning the president, five years after, their
fates still hang in the balance.

So far, the courts have ordered the Army to reinstate seven of the
officers who challenged their compulsory retirement.

On August 6, 2014, the 25 Task Force Brigade led by Hassan carried out
a special operation and recaptured the earlier seized towns of
Bulabulin and Damboa from the Boko Haram terrorists.

Hassan was the Commander of the 7 Division Garrison responsible for
the security of Maiduguri and its environs before he was directed to
lead the operation.