Falana Urges AGF to Intervene in Nigerian Army’s Disregard for Court Rulings
Human rights advocate and lawyer, Mr. Femi Falana (SAN), has called for urgent intervention from the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Lateef Fagbemi (SAN), over the Nigerian Army’s continued refusal to comply with court rulings regarding the wrongful retirement of 38 military officers.
In a letter dated December 5, 2024, addressed to the AGF, Falana urged the minister to instruct the Nigerian Army to respect and implement judgments issued by both the National Industrial Court (NIC) and the Court of Appeal. These judgments, which have been pending for years, ordered the reinstatement of officers who were compulsorily retired in June 2016 without trial or formal charges.
Falana emphasized that these officers, who were never informed of any allegations against them, were not given the opportunity to defend themselves in a court martial or trial. Over the course of eight years, many of the officers repeatedly requested clarification from the Nigerian Army regarding the reasons for their retirement, but their requests went unanswered. Despite public claims of corruption against the officers by the Ministry of Defence and the former Chief of Army Staff, Falana pointed out that no evidence of wrongdoing had ever been provided.
The legal battle began when seven of the affected officers sought redress in court. The National Industrial Court ruled in their favor, declaring their retirement illegal and ordering their reinstatement, along with the payment of outstanding salaries and allowances. These judgments, delivered between 2019 and 2021, were not appealed by the Nigerian Army, yet the authorities have failed to implement the court’s decisions.
Among those affected are high-ranking officers like Major General Ijioma Nwokoro Ijloma, Brigadier General Abubakar Hanafi Sa’ad, and Colonel Danladi Ribah Hassan, all of whom have yet to be reinstated, despite clear and final court orders. The Court of Appeal upheld Hassan’s case, dismissing the Nigerian Army’s appeal, but the Army has still refused to comply.
Falana further highlighted that the Nigerian Army’s refusal to reinstate the officers continues despite a letter from the Army in 2022 suggesting that Hassan’s promotion prospects were hampered by his “broken service,” a claim Falana argued was unfounded, especially since the Army had reinstated Major General Ahmad Muhammed under similar circumstances.
Falana also drew attention to the support of both the Senate and the House of Representatives, which had investigated the wrongful retirement of two other officers, Colonels Chidi Ukoha and Osita Nwankwo, and recommended their reinstatement. However, these recommendations have also been disregarded by the Nigerian Army.
In light of these ongoing violations, Falana urged the AGF to use his office to ensure that the Nigerian Army complies with the rulings of the National Industrial Court and the Court of Appeal, as well as the resolutions of the National Assembly. Falana stressed that the reinstatement of all 38 officers is crucial to uphold the rule of law and ensure justice for those who served the country with dedication.
