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MOHAMMED
V.
THE NIGERAIN ARMY COUNCIL & ANOR

(2021) JELR 111339 (CA)

Court of Appeal 5 Mar 2021 Nigeria
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- The appellant challenged his retirement from the Nigerian Army, which occurred a day after he was discharged and acquitted by the Court of Appeal, seeking declarations that the retirement was unlawful, orders for reinstatement, payment of

Case Details

Suit Number:CA/A/606/2017
Judges:ABUBAKAR DATTI YAHAYA JCA STEPHEN JONAH ADAH JCA MOHAMMED MUSTAPHA JCA
Counsel:Ugbde Idachaba Esq. with U. Oguine for the Appellant; Kalu Onuoha Esq. with Mandy Nworie for the Respondent.
Location:Abuja

MOHAMMED MUSTAPHA JCA (Delivering the Leading Judgment): This appeal is against the judgment of National Industrial Court, Abuja, coram Hon Justice E.D.E. Isele delivered on the 28th of October, 2016; wherein the Appellant claimed the following reliefs against the Respondents as per pages 1 to 6 of the record of appeal:

"(a) A DECLARATION that the retirement of the Claimant by the Defendants on the 19th of April, 2011 a day after he was discharged and acquitted by the Court of Appeal, Lagos is unwarranted, unlawful and unconstitutional, illegal and void.

(b) A DECLARATION that the Claimant has not committed any wrong nor attained retirement age to warrant retirement by the Defendants.

(c) AN ORDER compelling the Defendants to reabsorb the Claimant into the service of the Nigerian Army with immediate effect."

(d) AN ORDER directing the Defendants to pay to the Claimant all his salaries and entitlements since his detention in 1999 till date.

(e) AN ORDER directing the Defendants to promot…

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