The National Industrial Court has voided the compulsory retirement of Army Captain, Benedict O Akanni by the Nigerian Army.
The Court has also ordered the payment of salary arrears.and all benefits accruing to captain Akanni till date.
In a judgement on a suit filed by Capt Benedict Akanni rtd against the Nigerian Army, the Nigerian Army Council, the chief of Army staff and Artonney General of the Federation and Minister of Justice, the court noted that the Nigerian Army rather than comply with the orders of the Court of Appeal which voided the retirement of the claimant, disobeyed, ridiculed and disregarded the order by restoring the claimant merely to the rank of captain and immediately compulsorily retired him with effect from 10th April 2020 without any further benefit.
Justice B.B Kanyip the Industrial Court President who gave the judgement said that what was not met by the Nigerian Army was reinstating the claimant to his employment which made the court void his retirement.
He said there was no gain saying that the refusal of the Army to restore the claimant to his job shattered the claimant’s expectations.
According to him, ‘for acting arbitrarily, for disobeying Court of Appeal and for refusing to restore the claimant to his employment, I assess the general damages of the claimant for lost expectations at N75 million, which I hereby award
