Nine years after their controversial dismissal, 38 senior officers of the Nigerian Army remain out of service despite multiple court rulings ordering their reinstatement, raising fresh concerns over impunity and disregard for the rule of law within the military.
The affected officers — comprising major generals, brigadier generals, colonels and lieutenant colonels — were compulsorily retired on June 9, 2016, over allegations including corruption in arms procurement and partisanship.
However, investigations and subsequent judicial pronouncements found that due process was not followed, as none of the officers was tried before a court martial or formally found guilty of any offence.
Findings show that the officers have secured favourable judgments from the National Industrial Court and the Court of Appeal, both of which declared their retirements unlawful and ordered their immediate reinstatement with full benefits.
Despite these rulings, the military authorities have yet to comply.
One of the affected officers, Col. Danladi Hassan, who had participated in counter-insurgency operations against Boko Haram and international peacekeeping missions, was reinstated by the Court of Appeal, which described his dismissal as “unfair, wrongful, unlawful, illegal and unconstitutional.”
Similarly, the National Industrial Court, in separate rulings delivered between 2019 and 2021, ordered the reinstatement of several others, including Maj.-Gen. Ijioma Ijioma and Brig.-Gen. Abubakar Sa’ad, with full salaries and privileges.
The judgments were not appealed, yet remain unimplemented.
Investigations further revealed that the officers’ statutory petitions to military authorities were neither acknowledged nor addressed, contrary to established procedures.
The controversy has also drawn the attention of the National Assembly of Nigeria, as both chambers reportedly investigated the matter and recommended the reinstatement of some of the officers.
Their resolutions were also ignored.
Human rights lawyer, Femi Falana (SAN), has since written to the Attorney-General of the Federation, Lateef Fagbemi, urging the Federal Government to enforce compliance with the court orders.
In the letter, Falana insisted that the officers were never tried or convicted of any wrongdoing, describing earlier claims against them as baseless.
“The officers were neither accused nor tried for corruption or any offence whatsoever,” the letter stated, while demanding their reinstatement, restoration of ranks, and payment of all outstanding entitlements.
Separately, some of the officers have petitioned President Bola Ahmed Tinubu, urging him to intervene and compel the army to obey the subsisting court judgments.
They described their retirement as “malicious and wrongful,” noting that the continued refusal to reinstate them had caused severe financial, emotional and psychological hardship.
The prolonged dispute has already recorded a casualty, as one of the dismissed officers, Ojebo Ochankpa, died in 2017 while awaiting justice, with family members attributing his death to distress.
Sources within the military said only the President, as Commander-in-Chief, has the authority to enforce compliance, although the Chief of Army Staff and the Army Council also retain powers to act in line with court rulings.
Successive army chiefs, however, have failed to implement the judgments.
Meanwhile, some of the affected officers, disillusioned by years of legal battles, are said to be considering a negotiated settlement, including voluntary retirement with restored ranks and benefits.
Observers say the case underscores growing concerns about institutional accountability, warning that failure to enforce court orders could erode public confidence in both the military and the justice system.
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