Court Throws Out Ex-Major General’s Suit Against Nigerian Army, Rejects Challenge to Compulsory Retirement

The National Industrial Court (NIC) in Abuja has dismissed a lawsuit filed by retired Major General Danjuma Hamisu Ali-Keffi challenging his compulsory retirement from the Nigerian Army, ruling that the case was filed outside the legally prescribed period.

The judgment, delivered on Friday, came after the court upheld a preliminary objection raised by the Nigerian Army and other defendants, effectively ending the case without proceeding to a full hearing on its merits.

The court held that Ali-Keffi’s action was statute-barred, having been instituted beyond the three-month limitation period stipulated by law for such matters.

Sources familiar with the proceedings disclosed that the retired senior military officer’s legal team is considering its next line of action, including the possibility of appealing the ruling after obtaining and reviewing the certified copy of the judgment.

According to one source, the court concluded that Ali-Keffi failed to initiate the suit within the timeframe required by law, thereby depriving the court of the jurisdiction needed to entertain the substantive claims.

“The National Industrial Court ruled that the matter relating to Major General Ali-Keffi’s compulsory retirement was statute-barred because the case was instituted after the expiration of the three-month period allowed by the Constitution,” the source explained.

The court also addressed the retired officer’s allegations of violations of his fundamental human rights, ruling that it lacked jurisdiction to entertain such claims within the context of the suit.

Justice presiding over the matter advised that any claims relating to alleged breaches of fundamental rights should be pursued before either a Federal High Court or a State High Court, which possess the constitutional authority to adjudicate such issues.

As a result, the entire suit was dismissed, leaving Ali-Keffi with the option of either challenging the decision at the appellate court or initiating fresh proceedings before a court with appropriate jurisdiction over the rights-related claims.

Legal Setback in ₦200 Billion Compensation Battle

The ruling represents a significant setback for the retired army officer, who had sought more than ₦200 billion in damages and compensation arising from his arrest, detention and eventual compulsory retirement from military service.

In the suit, Ali-Keffi dragged the Nigerian Army, the Chief of Army Staff, the Nigerian Army Council, the Chief of Defence Staff, the Armed Forces Council, the Minister of Defence, and the Attorney-General of the Federation before the court.

He asked the court to invalidate his compulsory retirement and order the military authorities to recognise him as having retired voluntarily after reaching the statutory retirement age applicable to his rank.

The retired general also sought substantial financial compensation, including ₦100 billion in general damages for what he described as unlawful arrest, prolonged detention, emotional distress, reputational damage and psychological trauma.

In addition, he demanded another ₦100 billion in punitive damages against the defendants, arguing that their actions were arbitrary and unjustified.

Ali-Keffi further requested ₦120 million as special damages, representing salaries, allowances and other emoluments he claimed he would have earned between January 2022 and January 2026 had he remained in active service.

He also sought payment of pension entitlements, gratuities and all other retirement benefits due to a Major General in the Nigerian Army.

Allegations Linked to Terrorism Financing Investigations

Central to Ali-Keffi’s claims was his role as Commander of Operation Service Wide, a special presidential task force established by former President Muhammadu Buhari in October 2020 to investigate, arrest and prosecute individuals suspected of financing terrorism and supporting terrorist groups operating across Nigeria.

According to court filings, the retired officer alleged that he became a target after raising concerns over the handling of certain suspects arrested during the operation.

He claimed that some of the individuals apprehended in connection with terrorism-financing investigations were released despite ongoing inquiries and unresolved allegations against them.

Ali-Keffi maintained that his insistence on accountability within the operation ultimately led to friction with military authorities and culminated in actions taken against him.

Arrest, Detention and Retirement

The retired general told the court that he was arrested by military authorities on October 18, 2021, and remained in detention until December 21, 2021, a period of approximately 64 days.

During his detention, he alleged that he was neither informed of the specific allegations against him nor formally charged before any military tribunal or conventional court of law.

According to his claims, he was released from custody on December 21, 2021, only to be immediately served with a letter informing him of his compulsory retirement from the Nigerian Army.

The retirement letter reportedly cited incompetence and disloyalty to constituted authority as the reasons for his removal from service.

Ali-Keffi argued that the allegations contained in the letter were never formally communicated to him before the decision was taken and were not established through any recognised disciplinary process.

He contended that the compulsory retirement was, in reality, a punitive dismissal disguised as an administrative measure designed to remove him from service without granting him a fair hearing.

Despite those arguments, the National Industrial Court did not examine the substance of the allegations, having determined that the action was filed outside the period permitted by law.

With the case now dismissed, attention shifts to whether the retired military officer will challenge the ruling at the Court of Appeal or pursue a separate action regarding his fundamental rights claims before another court.