Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CAPTAIN BENEDICT OLUSOJI AKANNI (RTD)
V.
THE NIGERIA ARMY & 3ORS

(2020) JELR 80454 (NICN)    
National Industrial Court of Nigeria  ·  NICN/ABJ/125/2018 ·  27 May 2020 ·  Nigeria
CORAM
HON. JUSTICE B. B. KANYIP, PHD PRESIDENT, NATIONAL INDUSTRIAL COURT OF NIGERIA

Ratio Decidendi

Core Terms Beta
claimant
3rd defendants
court
1st defendant
court of appeal
judgment of the court of appeal
order
appeal
rank of captain
result of the trial
said rank
appellate court
judgment of the general court martial
nigerian army
4th defendant
2nd defendants
general damages
compulsory retirement of the claimant
general court martial
10th day of april
rank of a captain
1st defendant’s general court martial
3rd february
administrative officer
rank of a full brigadier
accelerated promotion of the claimant
appeal no. ca
captain d. o. ighodaro
captain of the nigerian army
claimant’s chosen career
date of the purported retirement
delivery of judgment
judgment of the general court
order of the court of appeal
result of the illegal action of the 1st defendant
statement of facts
22nd day of june
2nd may
above position of the law
claimant’s entitlements
demotion of the rank of the claimant
following reliefs
judgment interest
judgment of the court
office of the honourable attorney general of the federation
points of law
said sum
sum total of the claimant
true copy of the judgment of the court
various reliefs

HON. JUSTICE B. B. KANYIP, PHD(delivering the judgment of the court)

1. The claimant commenced this action vide a complaint filed on 2nd May 2018 together with the accompanying originating processes. To this, the 1st to 3rd defendants filed their joint defence processes, and the 4th defendant filed his defence processes. The claimant reacted by filing his reply processes to the defence processes of the 1st to 3rd defendants. By his statement of facts, the claimant is claiming against the defendants the following reliefs:

(a) A declaration that the compulsory retirement of the claimant by the 1st defendant’s (sic) through letter (ref AHQ MS/300/226) dated 22nd day of June, 2017 is illegal, null and void having been based on a criterion that never existed.

(b) An order reinstating the claimant as a Captain of the Nigerian Army and directing an accelerated promotion of the claimant to the rank of a full Brigadier which rank the claimant would have attained had the 1st and 2nd defendants not…

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