The National Industrial Court, Abuja, on Monday dismissed the preliminary objection raised by the Nigerian Army, in a suit filed by retired Col. Danladi Hassan, seeking N1 billion as damages and to void his compulsory retirement.
Hassan who instituted the suit is seeking to void his alleged compulsory retirement, reinstatement and payment of compensatory and exemplary damages to the tune of N1 billion.
The defendant counsel, Simon Onoja, in a preliminary objection, urged the court to strike out the suit for being incompetent due to non-fulfillment of condition precedent to instituting an action, and for lack of jurisdiction.
Onoja raised the objection, as he claimed that the claimant did not compile with Section 178 of the Armed Forces Act.
The Act stipulates that an officer should exhaust all administrative remedies available to him before embarking on any action to seek redress in the court of law, the counsel said.
The Judge, Justice Sanusi Kado, in his ruling, dismissed the preliminary objections raised by Onoja.
“The disagreement between the parties is whether the letter written to the President, Commander-in-Chief, amount to fulfillment of condition precedent provided for in Section 178 of the Armed Forces Act.
“Based on the letter of appeal written to the President, the claimant has complied with the condition precedent before instituting his action as stipulated by the Armed Forces Act.
“The court has also found that the pleading of the claimant has disclosed a cause of action capable of being enforced,” the judge said.
The case was adjourned until April 19 for continuation of hearing.
About Article Author
Latest Nigeria News
- Man Arrested For Plotting His In-Law’s Kidnap, Murder
- Stranded Nigerians In Russia Return Home
- DPO, Policemen Beat Chief Magistrate, Lawyers For Discharging Robbery Suspects
- VP Osinbajo Orders 72-hour Joint Operation To Clear Apapa Traffic Gridlock
- Aregbesola’s Chief Of Staff Emerges Osun APC Governorship Candidate
- Man Arraigned For Dumping Fiancée After Duping Her
- Buhari Has Deceived Nigerians – Turaki
- UK Reacts To Ekiti Election: Vote-Buying As Bad As Rigging
- Five Important Baby Toy Safety Tips
- Buhari To Commission Bayelsa Airport With Longest Runway
- I'm Done With APC, No Going Back - Governor Ortom Declares
- Shock As Police Storm Hotel Im Delta, Nab Federal Prisons Staff, 6 Others For Kidnapping
- Son Kills Mother Over Money In Lagos
- How Buhari, APC Chairman, Governors Are Begging Saraki
- Here's The Girl Whose Body Was Dumped After She Was Killed By Her Boyfriend
- FG, States, Lgs Share N668.89b After FAAC Deadlock
- 'Kemi Adeosun's NYSC Certificate Is As Fake As Buhari's Integrity'
- PRAYER FOR TODAY
- "It’s Not Our Responsibility" - Lagos BRT Staff Reply Passengers Over Dirtiness Of Bus
- Come Out Or We Declare You Wanted - Police Warns Dino Melaye
- Young Boy Kills Girlfriend, Dumps Her Dead Body By The Roadside In Edo (Details)
- "You Have Case To Answer" - Lawyer Sues APC's Joe Igbokwe Over Supreme Court Bribe Claim
- Dancing Senator, Adeleke In Certificate Scandal?
- Two Men Sitting On Moving Train In Lagos; Fall, Die (Photos)
- Covenant University Graduates 238 With First Class... Pretty Lady Emerges Overall Best
- Young Soldier Killed After Being Lured Out By A Lady (Photos)
- Baby Rescued After Being Put Under Trailer By Mum To Be Crushed
- Presidential race 2019: Atiku will send Buhari packing from Aso Rock in 2019 – PDP
- MTN lost N12bn in four days of picketing by NLC
- I still have ten more year in boxing –A. Joshua
- Criminal intent applications fuelling cyber security threat — UN
- What Cristiano Ronaldo said about Messi after Juventus unveiling
- INEC admits votes buying in Ekiti governorship election
- The importance of integrating “ethics” in education
- Avoid Ponzi Schemes – SEC warns Nigerians
- NLNG seeks $7 billion for sustainability and Train 7 expansion
- NLNG awards FEED contracts for Train 7
- Presidency Insults Nigerian Elders? Says They're Hungry, Shedding Crocodile Tears On Security
- Photos Of Tuface and His Cute Sons In New York
- 2019: President Buhari Speaks On His Bid For A Second Term