A National Industrial Court in Abuja has given the Nigerian Army another opportunity to open its defence in one of the suits challenging the compulsory retirement of some of its senior officers in 2016.
One of the affected officers, Colonel Mohammed Auwal Suleiman (rtd), while challenging the legality of his compulsory retirement had told the court that the army violated its own rules in retiring the 38 senior officers.
When he concluded his case on June 13, 2018, the matter was adjourned to October 8 for the army to open its defence. However, the matter was further adjourned to October 23 when the army could not present its sole witness, one Major Ali Abba Goni of the Army Headquarters Garrison Legal Services, in court.
When proceedings resumed on October 23, Major Goni was said to have proceeded on a course, thus his absence. The court then awarded the cost of N20,000 against the army and further adjourn the matter to December 3. Army’s counsel would then inform the court on December 3 that Goni was again not available and that the army was considering the option of substituting the witness. Although Col. Suleiman’s counsel prayed that the army be foreclosed, the court further adjourned the matter to February 26 for definite hearing.
At the resumed hearing on Tuesday, counsel to the army, Moses Ukachukwu asked the court for another adjournment to allow the defendants to put their house in order. “We have made efforts to bring him (Major Goni) to testify but due to administrative bureaucracy, this has been impossible,” he said.
Opposing the application for adjournment, the claimant’s counsel, Samuel Zibiri (SAN) said relying on Order 38 Rule 9 of the court, he prayed that the court should foreclose the defendants. “Further adjournment will amount to the mockery of this court’s order on December 3, 2018”, he added.
Reacting to Ukachukwu’s plea for the matter be further adjourned “in the interest of justice”, the trial judge, Justice Sanusi Kado, replied, “What is the interest of justice in this?”
The judge however ruled that based on the plea of Ukachuwku that the witness was on an official assignment in the North East, the matter would be further adjourned to April 15 with the cost of N10,000 awarded against the defendants.
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