Union / Nigeria: Major General Ijioma Nwokoro Ijioma, who was one of 38 senior Army officers compulsorily retired by the Chief of Army Staff on June 9, 2016 for what the Army said was involvement in corrupt practices, has dragged the Army to court seeking judicial orders reinstating him to his office and rank till his due retirement date.
Challenging his forced retirement from the Army when he was not yet due for retirement, and not convicted for any offence, Major General Ijioma, in suit NICN/ABJ/262/2016 filed before the National Industrial Court of Nigeria, said his forced retirement was illegal, without justification and therefore wrong as he was neither queried, investigated nor indicted by any of the panels probing military procurements.
He said he did not appear before any probe panel as to be guilty of corruption and as such unjustly retired from the Army, which reasons, he said, presented him as a criminal before the world.
In the Originating Summons filed on his behalf by Mike Ozekhome SAN, Major General Ijioma asked the court to determine “whether, having regard to the provisions of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, particularly paragraph 09.02c (4) thereof, viz-a-viz the provisions of the Armed Forces Act Cap. A20, particularly Part XII, dealing with offences thereof, the applicant can be legally compulsorily retired by the respondent vide letter dated 9th June, 2016, titled, “Compulsory Retirement NA Officer Major General Ijioma Nwokoro Ijioma (N/8304)”, (the Applicant herein)”.
Listed in the suit as defendants are Nigeria Army, Minister of Defence, Chief of Defence Staff and Chief of Army Staff.
He also asked the court to determine “whether having regard to the provisions of the Armed Forces Act, Cap A20, particularly Part XII, dealing with offences thereof, the applicant can be said to have committed any offence or breached any of its provisions thereof, to warrant his compulsory retirement from the services of the Nigerian Army, by the respondents vide letter dated 9th June, 2016, titled “Compulsory Retirement NA Officer Major Gen. Ijioma Nwokoro Ijioma (NA/8304)”, pursuant to the provisions of Paragraph 09.02c (4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised.
“Whether having regard to the provisions of the Armed Forces Act, Cap A20, particularly Part XII, dealing with offences and the provisions of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, particularly paragraph 09.02c (4) thereof, dealing with retirement, and other extant statutory provisions regulating the Applicant’s appointment, the purported compulsory retirement of the Applicant vide letter dated 9th June, 2016, followed due process, and same can be said to be justified in the circumstances.
“Whether having regard to the extant provisions of the Armed Forces Act, Cap A20, particularly Part XIII thereof, dealing with punishment, and Part XIV thereof, dealing with trial procedure for officers in the cadre of the Applicant and other extant statutory provisions regulating the Applicant’s appointment, the Respondents can be said to have followed due process in purportedly retiring the Applicant compulsorily vide letter dated 9th June, 2016, pursuant to the provisions of paragraph 09.02c (4), of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS), 2012 Revised.
“Whether having regard to the provisions of the Armed Forces Act, Cap A20, the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, and other extant statutory provisions regulating the service of the Applicant, and the circumstances of this case taken into consideration, the Applicant was ever given any notice, query, arrested, arraigned, charged, and or went through any form of trial before a Court Martial or a regular court, and punished for any offence to have warranted in his being compulsorily retired by the Army Council vide letter dated 9th June, 2016, pursuant to the provisions of paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised.
“Whether having regard to the alleged disciplinary grounds i.e. serious offence(s) upon which the Applicant was purportedly retired compulsorily, he was accorded any fair hearing pursuant to the provisions of Section 36(1)(4) of the Constitution of the Federal Republic of Nigeria, 1999, as altered, to have justified the compulsory retirement of the Applicant from the services of the Nigerian Army vide a letter dated 9th June, 2016, pursuant to the provisions of paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised.
“Whether in the absence of the trial of the Claimant before any court of competent jurisdiction, Court Martial properly so called, the Army Council was justified to have constituted itself into the complainant, the accuser, the prosecutor and the judge, such as to have compulsorily retired the Applicant on alleged disciplinary grounds, i.e, serious offence(s) and without according the Applicant any form of hearing at all in its sitting.
“Whether the Claimant is entitled to the reliefs sought upon the declaration of this Honourable Court that the purported compulsory retirement of the claimant is unlawful in the circumstances of this case”.
Upon the above, Major General Ijioma asked the court for “A declaration that the purported compulsory retirement of the claimant 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 Harmonized 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.
“A declaration that the claimant was never validly and legally retired from the services of the Nigerian Army on the 9th of June, 2016, vide letter dated 9th June, 2016, issued by the Army Council pursuant to its meeting of the same date, or at any other time.
“A declaration that the claimant is still a serving member of the Nigerian Army, and is to be accorded all rights and privileges that he is entitled to based on his rank and position, as provided for in the Harmonized Terms and Conditions of Service, for Officers of the Armed Forces (HTACOS) Officers (2012) Revised.
“A declaration that the present action of the claimant in seeking justice before this Honourable Court, shall not constitute any ground to witch-hunt or victimize the Claimant upon his reinstatement to the services of the Nigerian Army.
“A declaration that the association of the claimant’s purported compulsory retirement with the on-going arms deal probe and/or involvement in political partisanship, when the claimant was never involved, indicted, invited, questioned, detained, or interrogated in any way howsoever, by either the Presidential Probe Panel on the Arms Deal or the election Probe Panel, or be involved in any of the two scandals, is illegal, unlawful, wrongful and constitutes a gross violation of the Applicant’s constitutional rights.
“A declaration that the Claimant is entitled to public apology and compensation for the damage done to his person, his office, the lowering of his integrity, and reputation, and the psychological torture and mental agony caused him and his family consequent upon the compulsory retirement of the Claimant upon grounds that are completely unfounded, baseless, frivolous and untrue”.
Consequent on the above, Major General Ijioma seeks from the court, “An order setting aside the letter of compulsory retirement dated 9th June, 2016, titled, “Compulsory Retirement NA Officer Major General Ijioma Nwokoro Ijioma (N/8304)”, made pursuant to the provisions of Paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, issued by the Army Council, purportedly retiring the Claimant from the services of the Nigerian Army with effect from 9th June, 2016.
“A n order directing the immediate reinstatement of the claimant 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, 9th June, 2016.
“An order restraining the respondents, whether by themselves, their agents, servants and/or privies and/or all officers, servants and functionaries of the Federal Republic of Nigeria or any other public officer, whatsoever or otherwise howsoever, from giving or continuing to give effect to the letter dated 9th June, 2016, purported to have compulsorily retired the Claimant from the service of the Nigerian Army.
“An order restraining the respondents, whether by themselves, their agents, servants, privies and/or all officers, servants and functionaries of the Federal Republic of Nigeria or any other public officer, whatsoever or otherwise howsoever, from obstructing, disturbing, interfering, stopping or preventing the Applicant 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 9th June, 2016.
“An 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 the Applicant, or taking any untoward action on any fact connected with or related to the facts of this case, upon which the Applicant seeks for justice before this Honourable Court.
“An order compelling the respondents jointly and severally to pay to the applicant the sum of N1 billion (N1,000,000,000.00) only 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 the Applicant and his family, by the actions of the Respondents”.
He also requested the court to, “alternatively, in the event that the applicant can no longer be employed in the service of the Nigerian Army due to the inability to conclude this action before his date of official disengagement” compel “the respondents to tender a public apology in three leading National Daily Newspaper for the humiliation, embarrassment, and public odium, and obloquy caused the Applicant by the Respondents’ unlawful, illegal and wrongful compulsory retirement vide letter dated 9th June, 2016.
“An order compelling the respondents jointly and severally to pay to the applicant the sum of N5 billion (N5,000,000,000.00) only 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 the Applicant and his family, by the actions of the Respondents”.
Major General Ijioma also asked the court for other consequential orders as it may deem fit.
In an affidavit supporting the suit, Major general Ijioma stated as follows:
“That I am the person referred to above, a bonafide Nigerian Citizen by birth and domiciliation, and who turned 53 years on 12th June, 2016.
“That by virtue of my position aforesaid, I am conversant with the facts of this case, except as may by me be stated otherwise.
“That I Joined the Nigerian Defence Academy at the age of 20, and was enlisted into the Nigerian Army on 4th day of July 1983, as a cadet and rose through the ranks to the position of Major General. I was serving at the Army Headquarters, Nigerian Army Resource Centre, Mambilla Barracks Junction, Off Maitama Avenue, Asokoro, Abuja, before my purported compulsory retirement on 9th June, 2016.
“That I have served the nation and the Nigerian Army meritoriously and with distinction for close to 33 years and still have a little over 2 years to serve in the Nigerian Army before my official retirement age and about 3 years left before the mandatory retirement age of 56 years for an Army Major General of my rank.
“That in the course of my rendering my services to my fatherland, I was engaged in war as a Lieutenant, in 1990, in Liberia, when I was so ordered by the Nigerian Army. I was also in 1992, as a Captain once again engaged in the war in Liberia, when also ordered by the Nigerian Army, in which instance I suffered battlefield injury. Equally and in the line of duty, I was again engaged in battle and served in Darfur as both Sector South Commander, for the United Nations, as well as the Commander, Nigerian Contingent, in Darfur. In both cases, I distinguished myself with letters of commendation. Lastly, I served as Director of Operations from 28th December, 2014, to 18th May, 2015, during which period I exposed myself to the greatest risk of my life, fighting the boko haram insurgents, in the North Eastern part of Nigeria. With my troops, I make bold to state that we were instrumental to the recovery of over 14 Local Governments in Borno State, between January 2015 and 18th May, 2015, which made the presidential elections possible in those areas, before I was redeployed to the Defence Headquarter and later to Nigerian Army Resource Centre, Mambilla Barracks Junction, Off Maitama Avenue, Asokoro, Abuja. All the aforesaid battle field experiences were at grave personal risk to my life, in the course of serving my fatherland.
“That on Friday, 10th June, 2016, at about 11:12pm, while at work, I got a text message from one Lt. Col. S. O. G. Aremu, Staff Officer to the Military Secretary in charge of recruitment, deployment, appointment, etc., asking me to call him. I called him and he informed me to my shock and chagrin that he was told to convey to me the Military Secretary’s message, that, the Army Council which sat on 9th June, 2016, had retired me. He requested to know how to deliver my letter of retirement to me and I told him I would come and collect it myself.
“That I thereafter proceeded to the office of the Military Secretary, Major Gen. Garba M. Hong, where I was handed a letter dated 9th June, 2016, Ref. No. AHQ MS/GI/300/226, titled, “COMPULSORY RETIREMENT NA OFFICER MAJOR GENERAL IJIOMA NWOKORO IJIOMA (N/8304),” signed by the Military Secretary, Major General Garba M. Hong. A copy of the letter is herewith attached and marked as Exhibit INI 1.
“That the letter, Exhibit INI 1, has it that the Army Council at its meeting of 9th June, 2016, approved my compulsory retirement from the Nigerian Army, with effect from 9th June, 2016, pursuant to the provisions of Paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 (Revised), which provisions are to the effect that my purported compulsory retirement was on disciplinary grounds, i.e., serious offence(s). A copy of the said Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 (Revised), is herewith attached and marked Exhibit INI 2.
“That upon enquiry from the Military Secretary as to the reason for my compulsory retirement, at the twilight of my career and without any blemish in my records so far, he referred me to the Section for serious disciplinary matters as contained in the Armed Forces Act. Cap A20. Laws of the Federation of Nigeria.
“That at the time of my purported retirement, on 9th June, 2016, I had put in 32 years, 11 months and 5 days, of meritorious service in the Army, in service to my fatherland.
“That I verily believed that there was no justifiable reason(s) for my early compulsory retirement as I have not attained the mandatory retirement age for Major Generals in the Army, which is 56 years, as I am only 53 years by 12th June, 2016, and have only served for 32 years, 11 months and 5 days, as against the mandatory 35 years service age for retirement as provided for by Rule 020810 of the Federal Government Public Service Rules, which is also applicable to the Military, which I have not attained.
“That it was widely reported in the print and electronic media and as affirmed by the Army Authority, that the reasons and/or grounds for the mass sack or retirement of Senior Military officers from the Army, in which exercise I was purportedly involved, was either based on having attained the retirement age or rank, indictment and or complicity in the Arms Scandal and Election Panel Reports, and which in my case was said to be on disciplinary grounds, i.e., serious offence(s). Attached herewith are certified true copies from the National Library of newspaper publications narrating my said retirement and the alleged reasons and circumstances surrounding same, to wit:
- a) Leadership Newspaper of Saturday, June 11, 2016, at Page 5, headed, “Army Retires Senior Officers” marked as Exhibit INI 3,
- b) The Nation Newspaper of Sunday of June 12, 2016, at page 4, headed, “Tension as Army Council retires 35 Officers”, marked as Exhibit INI 4.
- c) Sunday Vanguard of June 12, 2016, at page 6, headed, “Shock as Army fires 200 Officers” marked as Exhibit INI 5.
- d) Sunday Punch of June 12, 2016, at page 2, headed, “Army sacks Jonathan, Yar’Adua’s ex-ADCs, 58 others” marked as Exhibit INI 6.
- e) New Telegraph of June 13, 2016, at pages 1 and 2, headed, “Arms scandal: Air Force to retire AVMs, Commodores marked as Exhibit INI 7.
- f) The Punch Newspaper of Tuesday, June 14, 2016, at page 9, headed, “Retired soldiers indicted for corruption”, marked as Exhibit INI 8.
- g) Vanguard Newspaper of Tuesday, June 14, 2016, at page 5, headed, “Retirements: Army, 38 officers in war of words”, marked as, Exhibit INI 9.
- h) New Telegraph Newspaper of Tuesday, June 14, 2016, at page 7, headed, “Buratai defends mass retirement”, marked as, Exhibit INI 10.
- i) The Guardian Newspaper of Tuesday, June 14, 2016, at page 3, headed, “Sacked officers ‘professionally corrupt’ says Defence Minister”, marked as, Exhibit INI 11.
- j) Daily Sun Newspaper of Wednesday, June 15, 2016, at page 6, headed, “Reasons Army sacked 38 officers”, marked as, Exhibit INI 12.
- k) Daily Trust Newspaper of Sunday, June 19, 2016, at pages 11 and 12, headed, “Why we were retired, Army Officers speak”, marked as, Exhibit INI 13.
“That in a Press Release by the Army Spokesman, Col. S. K. Usman, he stated that the retirement was done to purge the Nigerian Army of corrupt officers indicted by either the Presidential Arms Panel, or the Election Petition Panel.
“That the Minister of Defence, corroborating the statement of the Army Spokesperson, also reiterated and was quoted on the pages of The Punch Newspaper of 14th June, 2016, The Guardian of 14 June 2016 and New Telegraph of 14 June 2016, as follows: “Retired Officers indicted for corruption”, “Sacked officers professionally corrupt” and “We fired 38 officers over corruption, misconduct”.
“That I have never held any appointment that exposed me to any political inducements on the arms deal or the Election Panel Indictment.
“That I was never indicted by the Presidential Arms Panel and/or any Election Panel. I was never invited by any of them before, during and/or after their sittings and never testified before them or any other investigative panel on elections and arms deal set up by the Nigerian Army, or any other body or agency of government before my purported compulsory retirement from the Nigerian Army on alleged grounds of serious offence(s).
“That a great deal of harm has been done to my reputation and meritorious service spanning 33 years of my whole life. That I have been defamed, stigmatized, labelled a corrupt officer, victimized and traumatized by this sack and so is my family, when there was absolutely no basis and justifiable reason(s) for same.
“That aggrieved by the action of the Army Council to compulsorily retire me from service and having reached the decision after a thorough soul searching and appraisal of the entire sad circumstances of this case, and fully convinced that there was no basis for my compulsory retirement, I briefed the law firm of Mike Ozekhome’s Chambers, headed by Chief Mike A.A. Ozekhome, SAN, as to my predicament”.
