The National Industrial Court, Abuja, has struck out the suit
instituted by Enoch Iliya against the Nigerian Navy, seeking
reinstatement and payment of his entitlements since 2015, when he
was forcefully retired.
Iliya, who was a Petty Officer in the Nigerian Navy served as a
Radio Supervisor at the Nigerian Defence Academy (NDA) Kaduna,
until his alleged forceful retirement.
Delivering judgment, Justice Sanusi Kado, said the suit did not
satisfy the conditions stipulated by the Public Officers Protection
Act Section 2 (a).
The Section of that Act states that any counter-action against
public officers should be instituted within three months of
action.
Kado said the suit which was instituted in September, 2017
failed to meet the three months requirement.
According to him, a period of more than two years has elapsed
from the date of the alleged forceful retirement of the
claimant.
The claimant had sought for reinstatement and payment of his
salary and entitlements from the day he was retired till now.
The claimant had also alleged that he was sent on compulsory
retirement based on a trivia excuse not known to Military Law.
The News Agency of Nigeria recalls that the Chief of Naval Staff
had argued that the applicant was sacked because he absented
himself from military duties.
He submitted that Iliya was absent from work without leave or
pass leading him to also be absent from an essential
passing-out-parade of a course he underwent.
The claimant counsel, Mr Bala Gwadah said his client was brought
before a court martial and had been demoted as part of disciplinary
action in 2009 for that offence.
Gwadah argued that hinging his client’s compulsory retirement in
an offence for which he was punished amounted to injustice.
(NAN)
The National Industrial Court, Abuja, has struck out the suit
instituted by Enoch Iliya against the Nigerian Navy, seeking
reinstatement and payment of his entitlements since 2015, when he
was forcefully retired.
Iliya, who was a Petty Officer in the Nigerian Navy served as a
Radio Supervisor at the Nigerian Defence Academy (NDA) Kaduna,
until his alleged forceful retirement.
Delivering judgment, Justice Sanusi Kado, said the suit did not
satisfy the conditions stipulated by the Public Officers Protection
Act Section 2 (a).
The Section of that Act states that any counter-action against
public officers should be instituted within three months of
action.
Kado said the suit which was instituted in September, 2017
failed to meet the three months requirement.
According to him, a period of more than two years has elapsed
from the date of the alleged forceful retirement of the
claimant.
The claimant had sought for reinstatement and payment of his
salary and entitlements from the day he was retired till now.
The claimant had also alleged that he was sent on compulsory
retirement based on a trivia excuse not known to Military Law.
The News Agency of Nigeria recalls that the Chief of Naval Staff
had argued that the applicant was sacked because he absented
himself from military duties.
He submitted that Iliya was absent from work without leave or
pass leading him to also be absent from an essential
passing-out-parade of a course he underwent.
The claimant counsel, Mr Bala Gwadah said his client was brought
before a court martial and had been demoted as part of disciplinary
action in 2009 for that offence.
Gwadah argued that hinging his client’s compulsory retirement in
an offence for which he was punished amounted to injustice.
(NAN)
Read more https://nairalaw.com/court-strikes-out-ex-naval-staff-reinstatements-suit/