Mr. Ijioma is challenging his purported retirement by the Nigeria Army Council through a letter dated June 9, 2016. He joined the Minister of Defence, Chief of Defence Staff, and Chief of Army Staff as co- respondents. The judge, Edith Agbakoba, fixed the date to enable the Army Council argue the preliminary objection it filed, challenging the jurisdiction of the court to hear the suit. Earlier, counsel to Ijioma, Godwin Iyinbor, had told the court that the Army Council had served him with a preliminary objection, contesting the jurisdiction of the court to entertain the suit. Mr. Iyinbor said that the claimant has filed a counter affidavit as well as a written address in response to the notice of preliminary objection by the council. He also told the court that the claimant has filed a motion for judgment against the second and third respondents. The court, thereafter, fixed the adjourned date for hearing of all the pending applications before it. The Nigeria Army Council was represented in court by M. Owolabi, while the Minister of Defence and Chief of Defence Staff, were not represented in court.

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