Femi Falana Writes AGF, Demands Reinstatement of 38 Retired Military Officers

•Accuses Nigerian Army of flouting court orders

Wale Igbintade

Human rights advocate and lawyer, Mr. Femi Falana (SAN), has called on the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Lateef Fagbemi (SAN), to urgently intervene in a matter involving the Nigerian Army’s refusal to comply with court rulings regarding the wrongful retirement of 38 military officers.

In a letter dated December 5, 2024, addressed to the AGF, Falana urged the minister to direct the Nigerian Army to respect and implement judgements issued by the National Industrial Court (NIC) and the Court of Appeal.

These judgements, which had remained unaddressed for years, ordered the reinstatement of the affected officers who were compulsorily retired without trial or formal charges.

In the letter obtained by THISDAY, Falana emphasised that the officers, who were compulsorily retired on June 9, 2016, had never been informed of any specific allegations against them, nor were they ever tried by a court martial.

Some of the officers sought clarification from the Nigerian Army regarding the reasons for their retirement, but their requests went unanswered for over eight years.

Despite public statements by the Minister of Defence and the then Chief of Army Staff alleging corruption against the officers, Falana pointed out that no evidence of misconduct or corruption was ever presented.

“Contrary to these defamatory claims, our clients were never accused of any offense, nor were they ever tried,” the letter stated.

Falana explained that the legal battle began when seven of the affected officers sought redress at the National Industrial Court.

The court ruled in their favour, declaring their retirement illegal, ordering their reinstatement, and instructing the payment of all their outstanding salaries and allowances.

These judgements, delivered between 2019 and 2021, were not appealed by the Nigerian Army, yet the authorities failed to comply with the orders.

The officers, including Major General Ijioma Nwokoro Ijloma, Brigadier General Abubakar Hanafi Sa’ad, and Colonel Danladi Ribah Hassan, have not been reinstated, despite clear court orders and even after the expiration of the time to appeal.

Hassan’s case was upheld by the Court of Appeal after the Nigerian Army’s appeal was dismissed.

The Nigerian Army’s disregard for the judgements extended to the continued refusal to reinstate Hassan, despite a letter from the army in 2022 suggesting that his promotion prospects were hindered by his “broken service”. Falana stated that this claim was unfounded, as the Nigerian Army had previously reinstated Major General Ahmad Muhammed under similar circumstances.

He also drew attention to the support of both the Senate and the House of Representatives, which investigated the wrongful retirement of two officers – Colonels Chidi Ukoha and Osita Nwankwo – and recommended their reinstatement.

However, these resolutions had also been ignored by the Nigerian Army.

In the light of the violations, Falana urged the AGF to use his office to ensure the Nigerian Army complied with the court orders and the resolutions of the National Assembly.

Falana stated in the letter, “In view of the commitment of the Bola Ahmed Tinubu administration to operate under the rule of law and your personal undertaking to ensure that the judgements and orders of all courts are complied with, we urge you to use your good offices to direct the authorities of the Nigerian Army to implement the judgements of the National Industrial Court and the Court of Appeal as well as the resolutions of the National Assembly on the subject matter.”

He further appealed for the reinstatement of all 38 officers, emphasising their meritorious service to the country and the need for justice to be served.