Court Orders Nigerian Army to Reinstate Colonel Nwankwo, Pay Full Entitlements

•Says his retirement was illegal, unfair

Wale Igbintade

The National Industrial Court of Nigeria (NICN) sitting in Abuja has declared the compulsory retirement of Colonel Ositadinma Uche Nwankwo from the Nigerian Army as wrongful, unconstitutional, illegal, null, and void.

In a judgment delivered on April 2, 2025, Justice OY Anuwe ordered the Nigerian Army to reinstate Nwankwo as a serving officer with full restoration of his rights, powers, privileges, entitlements, seniority, and career prospects.

The court directed that the reinstatement and all monetary compensation be implemented within 30 days of the judgment.

According to the judgment, the failure to comply will result in the monetary aspects accruing interest at 10 per cent per annum until fully paid.

Justice Anuwe also ordered the defendants – including the Nigerian Army, Chief of Army Staff, Nigerian Army Council, Chief of Defence Staff, Minister of Defence, Permanent Secretary of the Ministry of Defence, Secretary to the Armed Forces, and the Attorney-General of the Federation – to pay all accrued salaries and entitlements to the claimant from the date of his compulsory retirement to his reinstatement.

These payments are to be calculated based on the ranks and progression that would have applied to him had he not been retired.

Additionally, the court awarded N1million in costs in favour of the claimant.

Nwankwo, in Suit No. NICN/ABJ/317/2016, challenged his compulsory retirement from the Nigerian Army, arguing that it was arbitrary and violated his constitutional rights.

He sought several declaratory and consequential reliefs, including a reversal of the retirement and compensation for lost entitlements.

He contended that the provision under Paragraph 09.02c (4) of the Armed Forces of Nigeria Harmonized Terms and Conditions of Service (HTACOS) 2012, which allows for compulsory retirement on disciplinary grounds, must be interpreted in line with the Armed Forces Act, which outlines specific offences and procedures.

Nwankwo emphasised that he was never accused of, tried for, or convicted of any disciplinary offence before his retirement letter dated June 9, 2016, was issued.

He noted that his compulsory retirement, approved by the Nigerian Army Council, was unjustified as there was no formal disciplinary process or fair hearing preceding the action.

Nwankwo, through his counsel, Dr. John Omughele, provided evidence of his service history, including his entry into the Nigerian Army on September 25, 1993, and subsequent promotions up to the rank of Colonel on September 10, 2011.

He also highlighted his successful completion of the National Defence College course, which qualifies officers for promotion to Brigadier General after five years.

Despite appealing the decision to the President and Commander-in-Chief through the Chief of Defence Staff in June 2016, and receiving acknowledgement that his appeal was under review, he received no further communication.

However, the defendants failed to file any statement of defence or final written address throughout the proceedings, despite being given multiple opportunities.

After repeated absences and non-compliance, the court, on November 12, 2024, foreclosed the defendants’ right to defend and proceeded based on the claimant’s evidence and submissions.

In its judgment, the court declared that the claimant had proven his case and granted reliefs 1, 2, 3, 4, 4A, 5, and 5A.

Justice Anuwe held: “The compulsory retirement of the claimant via the letter dated 9th June 2016 with reference no. AHQ MS/G61/300/226 is declared illegal, unlawful, null, void and of no legal effect. It is hereby set aside.”

“The claimant is reinstated into the Nigerian Army with full entitlements and is to be placed on par in rank and seniority with his coursemates.”

 “The defendants are to pay all accrued salaries and emoluments computed based on the claimant’s appropriate rank within the relevant period.”