Chief of Defence Staff (CDS) General Leo Irabor has intervened in the forceful retirement of 38 senior Nigerian Army officers.
The Army announced the retirement of the personnel in June 2016 amid allegations that the action was arbitrary.
In a letter (Ref. No. CDS/8/A) to Defence Minister, retired Major General Bashir Magashi, Irabor acknowledged the long non-compliance with court rulings.
He informed Magashi that as part of efforts to resolve the matter, Attorney General of the Federation (AGF) and Justice Minister, Abubakar Malami, implored the Army, through former CDS Abayomi Olonisakin, to obey the judgments.
In the memo published by PRNigeria, Irabor regretted that the issue remains unresolved hence his entreaty that the compulsory retirement be revisited.
“The appeal is being made on the need to motivate both serving and retired personnel, sustain morale and sharpen the psyche of the future generation of officers.
“The appeal, therefore, if upheld will ensure the primacy of military organizational values are kept permanently high without dampening morale or breeding mistrust.
“It is apt to state that reservists and retired military personnel are a vital workforce for advancing national interests, as such, must be carefully managed to check inordinate activities by highly skilled but disgruntled personnel.
“In view of the foregoing, and to lay the matter to rest, this appeal is recommending that the 38 NA Senior Officers be voluntarily retired with effect from January 1, 2018”, General Irabor requested.
In the breakdown, those affected included 9 Major Generals, 10 Brigadier Generals, 7 Colonels, 11 Lieutenant Colonels and 1 Major.
About 80 percent of the ‘Army 38’ are Southerners; 10 of them, including Generals, were from Rivers State.
The Major Generals: S. D. Aliyu, M.Y. Ibrahim, O. Ejemai, F. O. Alli, E.J. Atewe, I. N. Ijioma, L. C. Ilo, T. C. Ude and L. Wiwa.
The Brigadier Generals: A. I. Onibasa, D. Abdusalam, L. M. Bello, K. A. Essien, B. A. Fiboinumama, I. M. Lawson, G. O. Agachi, D. M. Onoyeiveta, A. S. O. Mormoni-Bashir, A. S. H. Sa’ad.
The Colonels: F. D. Kayode, C. K. Ukoha, D. R. Hassan, M. A. Suleiman, P. E. Ekpenyong, T. T. Minimah, O. U. Nwankwo.
The Lieutenant Colonels: C. Enemchukwu, A. Mohammed, A. S. Mohammed, G. C. Nyekwu, T. O. Oladuntoye, C. O. Amadi, K. O. Adimoha, T. E. Arigbe, O. A. Baba-Ochankpa, D. B. Dazang, O.C. Egemole.
T. A. Williams was the only one on Major rank; Lt Col Ochankpa died in January 2017.
There are at least two subsisting rulings in favour of the officers. On January 14, 2020, Justice Rukiya Hasstrup at National Industrial Court in Abuja faulted the Army decision and directed reinstatement.
In May 2020, Justice Edith Agbakoba approved that contempt of court charge be filed against military chiefs for failing to comply with a valid order.
The plight of the officers has drawn sympathy from Nigerians who wonder why they were not given a fair hearing before retirement.
In 2009, retired Colonel Auwal Suleiman led the arrest/killing of 377 terrorists and later foiled a plot by Boko Haram to attack the Presidential Villa.
In 2014, retired Lt. Col. Abdulfatai Mohammed commanded the Konduga operation that eliminated over 200 terrorists. The duo received multiple official commendations for their gallantry.
As confirmed by Irabor, interventions by AGF Malami, a Senior Advocate, as well as the National Assembly, were futile.
These include the AGF’s February 15, 2021 letter to the Army through Dayo Apata, Solicitor General and Justice Ministry’s Permanent Secretary.
Malami, in another letter, requested the response of the then CDS Olonisakin to enable him to advise President Muhammadu Buhari.
Also, late Chief of Army Staff, Lt. Gen. Ibrahim Attahiru, had planned to act on the matter before he and other military officers died in a plane crash in May.
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