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Falana to Tinubu: Reinstate 38 army officers forcefully retired in 2016



Femi Falana, human rights lawyer, has appealed to President Bola Tinubu to reinstate 38 officers of the Nigerian army who were “prematurely retired” in 2016.

 

Speaking in an interview with journalists on Wednesday, Falana said he had written a letter to Tinubu through Lateef Fagbemi, attorney-general of the federation, to seek justice.

 

BACKGROUND

 

In June 2016, the army authorities retired some top officers.

 

Following media reports, the army announced that only 38 officers were retired, comprising nine major generals, 10 brigadier-generals, seven colonels, 11 lieutenant colonels and a major.

 

The army had accused the retired officers of corruption and partisanship.

 

Some of the dismissed personnel had accused the army of denying them fair hearing, adding that they were unaware of the allegations against them.

 

The retired officers had approached the national industrial court and the ECOWAS court of justice to seek a reversal of their retirement.

 

The national industrial court had ordered the reinstatement of some of the retired officers.

 

Despite court orders and petitions from groups, the army did not rescind its decision.

 

‘ARMY SHOULDN’T BE ALLOWED TO TREAT COURT ORDERS WITH LEVITY’


Falana, who is counsel to the retired officers, said the “illegal and forceful retirement” of the officers under former President Muhammadu Buhari was “unfortunate and illegal”.

 

The human rights lawyer said Tinubu must intervene and reverse the “infamous action”.

 

Falana said the Nigerian Army must not be allowed to treat court orders and resolutions of the national assembly with “levity”.

 

“As the Commander-in-Chief of the Nigerian Armed Forces, I wish to inform President Tinubu that what happened to the 38 army officers under the previous administration is incredible and unfortunate,” Falana said.

 

“I’m also using this medium to inform you that the infamous action on the 38 officers is patently illegal and unjustified.

 

“The Nigerian army cannot and should not be allowed to treat the valid and subsisting order of the National Industrial Court and the national assembly resolution on the 38 officers with levity.

 

“Mr President, there is the need for you to intervene now because if you fail to intervene, the premature retirement of these 38 officers will send a wrong signal to serving military officers that it does not pay to offer selfless service to Nigeria.

 

“We have also written a detailed letter to the president through the attorney-general of the federation (AGF) and minister of justice, Prince Lateef Fagbemi (SAN), seeking justice and their reinstatement in line with the national industrial court and the national assembly resolutions.

 

“We sincerely believe and confident that AGF Fagbemi will do the needful and advise the president accordingly.

 

“For the avoidance of doubt, the national industrial court had directed the reinstatement of the affected officers who had gone to the court to challenge the act of injustice.

 

“But the then military authorities and the present one had continued to defy the court’s order.

 

“Several of the officers who felt the army breached its extant rules and regulations in carrying out the retirements also took their complaints to the court to seek redress and clear their names. The court ruled in their favour .

 

“The development was after their appeal to former President Muhammadu Buhari, seeking his intervention and reinstatement but there was no response from the presidency or the Nigerian army up to date.”

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