Court Dismisses Retired Nigerian Major General Ali-Keffi’s N200Billion Suit Over Forced Retirement, Others
Court Dismisses Retired Nigerian Major General Ali-Keffi’s N200Billion Suit Over Forced Retirement, Others
The court ruled on Friday that the case was statute-barred, having been filed outside the constitutional time limit. The ruling was on a preliminary objection raised by the Nigerian Army and did not proceed to full trial.
The National Industrial Court in Abuja has dismissed a suit filed by retired Major General Danjuma Hamisu Ali-Keffi challenging his compulsory retirement from the Nigerian Army and alleging violations of his fundamental human rights.
Investigative reporting service
The court ruled on Friday that the case was statute-barred, having been filed outside the constitutional time limit.
The ruling was on a preliminary objection raised by the Nigerian Army and did not proceed to full trial.
SaharaReporters learned that Ali-Keffi’s legal team intends to appeal once it receives a copy of the ruling.
“The National Industrial Court ruled today (Friday) that the matter in respect of retired Major General Ali-Keffi’s compulsory retirement is statute-barred because he instituted the case after the expiration of three months provided by the Constitution,” a source privy to the case said.
The court also declined jurisdiction over his human rights claims, directing him to seek relief at a federal or state high court.
“On the issue of abuse of fundamental human rights, the court said it lacked jurisdiction and that he could seek relief in the federal or state high courts. So, effectively, the case was dismissed. He has the option of either appealing the ruling or filing a fresh lawsuit in the high court. His legal team will weigh the options and decide on the next course of action,” the source added.
The ruling is a significant setback for the retired general, who had asked the court to overturn his compulsory retirement and award him more than ₦200 billion in damages and compensation.
Ali-Keffi had 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 over his arrest, detention, and compulsory retirement.
At the heart of the dispute was his allegation that he was unlawfully detained for 64 days and forced out of service after raising concerns about the handling of terrorism financing suspects arrested under a covert presidential operation.
Ali-Keffi served 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 financiers and collaborators of terrorist groups operating in Nigeria.
He had repeatedly alleged that some suspects arrested during the operation were released despite ongoing investigations.
According to court documents, he was arrested by military authorities on October 18, 2021, and detained until December 21, 2021.
He maintained that throughout that period he was neither informed of the allegations against him nor charged before any court or military tribunal. He further alleged that the conditions of his detention caused severe physical and emotional distress, leading to his collapse and hospitalisation.
Upon his release on December 21, 2021, he said he was immediately handed a letter conveying his compulsory retirement, which cited incompetence and disloyalty to constituted authority.
Ali-Keffi argued that these allegations were never formally communicated to him and were not established through any disciplinary proceedings.
He contended that the retirement amounted to a punitive dismissal disguised as an administrative action, in violation of the Constitution and the Armed Forces Act.
The retired officer also noted that he had served in the military for more than three decades without being convicted of any offence, sanctioned for misconduct, or found guilty by a court-martial.
In the suit, he sought a declaration nullifying the retirement and an order directing the defendants to treat him as having retired voluntarily upon attaining the statutory retirement age.
He also demanded ₦100 billion in general damages for unlawful arrest, detention, reputational injury, and emotional trauma, and another ₦100 billion in punitive damages for what he described as oppressive and unconstitutional conduct.
He additionally sought ₦120 million in special damages representing salaries and allowances he claimed he would have earned between January 2022 and January 2026 had he remained in service, as well as all pensions, gratuities, and terminal benefits due to an officer of his rank, with accrued interest.
With the suit dismissed, Ali-Keffi must now decide whether to challenge the ruling at the Court of Appeal or commence fresh proceedings before a federal or state high court on his human rights claims.
