Why we'll not obey court order reinstating officer – Army

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The army said Danladi Hassan who was compulsorily retired in 2016 as a colonel, has already exceeded the age for his rank and cannot be reinstated.

The Nigerian Army has stated that it will not honour a court order to reinstate a colonel, Danladi Hassan, who was sacked in 2016.

The judge, Sanusi Kado, held that the army failed to convince the court of the disciplinary grounds for the forceful retirement. Following the non-compliance with the court order, the officer petitioned the House of Representatives to compel the army to reinstate him and pay his due.In the letter signed by its Director of Legal Services, MU Wambai, on behalf of the chief of army staff, the army said the appellate court failed to factor in the peculiarities of military conditions of service in delivering its judgement.

“This is because the Officer’s Military Services was regulated by provisions of the then Harmonized Terms and Conditions of Service Officers 2012, particularly as it relates to Age Ceiling on a particular rank. The Petitioner who was a Colonel until his retirement in June 2016 is no longer promotable as a result of Age Ceiling and as such makes it difficult to reinstate him,” he said.

“Also, the Petitioner’s request for payment of salaries and allowances over the period he was out of serviceNigerian Army“The NA.

“Also, with the chain of Service being broken, it will not be in the interest of the NA and public security to reinstate him to Military Service.

 

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