Court dismisses Nigerian Army’s objection to N1bn suit

Court dismisses Nigerian Army’s objection to N1bn suit

- A retired colonel, Danladi Hassan, seeks N1 billion as damages over his compulsory retirement

- The defendant’s counsel says the claimant did not comply with Section 178 of the armed forces act

- In his ruling, the judge dismissed the preliminary objections raised by the defendant’s counsel

The national industrial court, Abuja, on Monday, April 16, dismissed the preliminary objection raised by the Nigerian Army, in a suit filed by a retired colonel, Danladi Hassan, seeking N1 billion as damages and to void his compulsory retirement.

Hassan who instituted the suit is seeking to void his alleged compulsory retirement. He is also demanding reinstatement and payment of compensatory and exemplary damages to the tune of N1 billion, The News Agency of Nigeria (NAN) reports.

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The defendant’s counsel, Simon Onoja, in a preliminary objection, urged the court to strike out the suit for being incompetent due to non-fulfillment of condition precedent to instituting an action, and for lack of jurisdiction.

Onoja raised the objection, as he claimed that the claimant did not comply with section 178 of the armed forces act.

The act stipulates that an officer should exhaust all administrative remedies available to him before embarking on any action to seek redress in the court of law, the counsel said.

The judge, Sanusi Kado, in his ruling, dismissed the preliminary objections raised by Onoja.

“The disagreement between the parties is whether the letter written to the President, Commander-in-Chief, amount to fulfillment of condition precedent provided for in Section 178 of the Armed Forces Act.

“Based on the letter of appeal written to the president, the claimant has complied with the condition precedent before instituting his action as stipulated by the Armed Forces Act.

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“The court has also found that the pleading of the claimant has disclosed a cause of action capable of being enforced," the judge said.

The case was adjourned until April 19 for continuation of hearing.

In another report, the chairman of Takum local government area (LGA), Shiban Tikari, has faulted a statement by the Army that two suspects, Danjuma America and Danasabe Gasama who were arrested in Takum were perpetrators of crises in the Takum and Ussa council areas of Taraba state.

Tikari who accused the military of harassing people in troubled areas, said instead of going after their attackers, troops had been withdrawn from various checkpoints in Takum LGA, Sahara Reporters stated.

Also, Nashuka Ipeyen, the chairman of the Donga local government area of Taraba state, alleged that bandits killed four persons in an attack at Sabon Gida community on Sunday, April 15, after soldiers were withdrawn from the area.

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