The Court of Appeal in Abuja, on Friday, affirmed a court judgement reinstating a colonel compulsorily retired along with 37 Army officers in 2016.
According to PR Nigeria, the trial judge, 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.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.
The court also dismissed the technical argument of the appellants that Mr Hassan’s case before the lower court was incompetent. It held that contrary to the appellants’ claim, Mr Hassan complied with the condition precedent as required under Section 178 of the Armed Forces Act, before approaching the court.
“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,” PR Nigeria quoted Mr Adah as ruling on Friday. “The decision of the lower court is upheld and all the decisions made therein, are also sustained,” Mr Adah added.of A.S.H. Sa’ad, a brigadier general, who was one of the 38 officers wrongly dismissed by Army authorities in 2016.PREMIUM TIMES had reported how Messrs Saad and Hassan along with 36 others were forced out of service without recourse to the rules of disengagement in the Nigerian military.
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