Daily Trust

Army stalls senior officer’s case against ‘unlawful dismissal’

- By Clement A. Oloyede

A National Industrial Court in Abuja has adjourned to February 26 further hearing in a suit challengin­g the compulsory retirement of 38 senior officers of the Nigerian Army in 2016.

The trial was stalled yesterday following an applicatio­n for adjournmen­t by the army in the suit instituted by Colonel Mohammed Auwal Suleiman (rtd), a former Defence Attaché in the Chad Republic, who is one of the affected officers.

Suleiman had June 13 told the court that the army violated its own rules and laws when it compulsori­ly retired some of its senior officers in 2016.

At the resumed hearing on Monday, counsel for the army, I. I. Ngele said the defendants’ sole witness, Major Ali Abba Goni, was again not available and that the army was considerin­g the option of substituti­ng the witness. He therefore urged the court for an adjournmen­t.

However, objecting to the applicatio­n, Suleiman’s counsel, Olayinka Adedeji said the defence counsel had on October 10 informed the court that the said witness was out of station on a course. She said the submission was contrary to evidence gathered that the said witness was in the office at Army Headquarte­rs Garrison (AHG) in Abuja on the said date.

In a short bench ruling, the trial judge, Justice Sanusi Kado held that with the admittance of the complainan­t’s counsel to the fact that the witness has been posted out of Abuja, it would be against the doctrine of fair trial to foreclose the defence.

While adjourning the matter, the judge also ordered the defendants to ensure that the punitive cost of N20,000 awarded against them at the last sitting was paid to the claimant before the next adjourned date.

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