Manny Ita –
Nine years after their compulsory retirement, 38 senior officers of the Nigerian Army remain out of service despite multiple court rulings declaring their dismissal unlawful and ordering their reinstatement.
The officers, who were retired on June 9, 2016, have pursued all available legal and institutional channels, securing favourable judgments from the National Industrial Court of Nigeria and the Court of Appeal, as well as support from the National Assembly. However, none of these interventions has resulted in their return to service.
One of the affected officers, Ojebo Ochankpa, died in 2017 while still seeking justice. His family later said he died “of a broken heart,” highlighting the emotional toll the prolonged dispute has taken.
Controversial 2016 Dismissal
The officers—comprising major generals, brigadier generals, colonels, and lieutenant colonels—were removed on grounds including alleged corruption in arms procurement and partisanship. However, investigations revealed that none of them was tried by a court martial or formally found guilty of any offence.
Many of the officers insist they were neither queried nor indicted before their dismissal. One officer wrote to President Bola Tinubu stating, “I was never involved in any of the issues highlighted and/or any wrongdoing whatsoever. My compulsory retirement was without due process.”
Some of those affected had distinguished service records, including participation in international missions and frontline operations against insurgents.
Courts Rule in Their Favour
Several court rulings have backed the officers. In one case, the Court of Appeal described the dismissal of an officer as “unfair, wrongful, unlawful, illegal, unconstitutional, invalid and contrary” to military regulations, ordering his immediate reinstatement.
Similarly, the National Industrial Court ruled in favour of multiple officers, declaring their retirements “wrongful, unconstitutional, illegal, null and void,” and directing their reinstatement with full benefits. Despite these rulings, the Army has yet to comply.
One officer noted in a letter that “despite the favourable judgment of the court in 2020… the deliberate neglect to comply with the court judgment” has continued.
Legal and Institutional Concerns
Legal reviews indicate that the Army may have acted outside its statutory powers. While internal regulations allow for retirement on disciplinary grounds, the Armed Forces Act does not permit such actions without due process, including proper investigation and trial procedures.
The officers’ appeals within the military system were also reportedly ignored, with no formal response to their petitions.
Calls for Government Intervention
Human rights lawyer Femi Falana has written to the Attorney-General, arguing that the officers were “never accused nor tried for corruption or any other offence whatsoever.” He urged the government to enforce court judgments and restore the officers’ rights.
The affected officers have also appealed directly to President Tinubu, expressing confidence in his commitment to justice. One wrote, “I am confident in your leadership and steadfastness for justice and the rule of law… as I never deserved the ill-treatment.”
Unresolved Despite Multiple Efforts
Attempts to resolve the issue internally, including proposals for voluntary retirement, have failed. Both chambers of the National Assembly also investigated the matter and recommended reinstatement, but these resolutions were ignored.
Observers note that only the president, as commander-in-chief, has the authority to compel compliance. Meanwhile, several successive army chiefs have not acted on the court orders.
As the situation drags on, many of the officers—some of whom once fought insurgency on the frontlines—are now facing financial hardship and uncertainty. While a few still seek reinstatement, others say they would accept closure through proper retirement at their current ranks.
The case continues to raise broader concerns about accountability, rule of law, and institutional compliance in Nigeria.
