Stories by Vivian Okejeme
Abuja
The National Industrial Court, Abuja, has stopped the Chief of Army Staff, Chief of Defence Staff, Minister of Defence and the Nigerian Army, from giving effect to the documentation of retirement benefits of Major General Ijioma Nwokoro, until the suit he filed to challenge his compulsory retirement from the army is determined.
Major General Nwokoro, had approached the court seeking an order to reinstate him back into the army after he was compulsorily retired from service along with 40 others on July 9, 2016.
Delivering a ruling in a motion for interlocutory injunction, Justice Moses Esowe, ordered immediate halt of documentation and processing of related documents of the General’s retirement entitlements by the Nigerian Army rules, an officer going on retirement was supposed to complete documentation of his retirement process within 90 days from the date of retirement.
The Judge said that the army should not do anything to process the retirement benefits of the plaintiff since he is challenging the manner in which he is being sent on compulsory retirement from the army.
Justice Esowe further said that the 90 days within which to process retirement benefit should not be counted against the plaintiff who is already in court to challenge same as doing so, will amount to rendering the case of the plaintiff helpless.
Justice Esowe, however, refused the claimant prayer to restore him to the army pending the determination of the suit and explained that to grant such a prayer would mean delving into the substantive matter.
Before the ruling, Justice Esowe had overruled the objections raised by respondents Counsel, Mr. M D Owolabi, who represented the Army and Chief of Army Staff and P.A. Umafedon, who appeared for the four respondents.
Both counsels had sought an adjournment on the ground that the respondents were not properly served.
According to the court record, the four respondents were duly served with the court processes on July 22, 2016, the court ruled.
Counsel to the Army General, Mr. Benson Igbanoi, who held the brief for Chief Mike Ozekhome (SAN),had told the court to order the parties to maintain status quo pending the determination of the suit.
The claimant’s counsel argued that the order was necessary to stop the requirement of the Nigerian Army that the claimant must complete all necessary forms for his retirement entitlements within 90 days or forfeit same.
In the substantive suit, Nwokoro, is challenging his compulsory retirement from service without an offence committed by him and also asked the court to award him N1 billion general damages for an unlawful and illegal retirement as he has not committed any offence.
General Nwokoro, one of the 20 senior army officers, compulsorily retired last month claimed the action taken by the Nigerian army had caused him and family embarrassment and ridicule as the reasons for the retirement had linked him to offence he did not commit, neither was he interrogated by the probe committee on Arms purchase.
Further hearing in the matter has been adjourned to October 12.
