General Ijioma, in an originating summon, is asking the court for an order directing his immediate reinstatement to the status quo ante bellum, in his position in the Nigerian Army before the letter dated June 9,2016, titled :”Compulsory Retirement NA Officer Major General Ijioma Nwokoro Ijioma (N8304)” pending the hearing and final determination of the substantive suit. Sued also are: Minister of Defense, Chief of Defense Staff and Chief of Army Staff. The Originating summons is brought by General Ijioma’s lawyer, Mike Ozekhome SAN, in motion on notice brought pursuant to the provisions of the Order 11Rule 1(1)and Order 14 Rule 4(1), 4(1)(2) of the Industrial Court Rules 2007 and under the inherent jurisdiction of the court. Specifically, the claimant sought the court for an order compelling the Respondents jointly and severally to pay to the him the sum of N5 billion (N5,000,000,000.00) only as general, aggravated, punitive and exemplary damages for the unlawful, wrongful, illegal, unconstitutional and oppressive compulsory retirement and the attendant humiliation, psychological trauma, mental agony and odium caused the Applicant and his family, by the actions of the Respondents. Besides, he asked the court to declare that the purported compulsory retirement of the Claimant from the services of the Nigerian Army, vide letter dated 9th June, 2016, titled, “COMPULSORY RETIREMENT NA OFFICER MAJOR GENERAL IJIOMA NWOKORO IJIOMA (N/8304)” pursuant to the provisions of paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, did not follow due process and is consequently illegal, invalid, wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever. General Ijioma sought the court for an order declaring that he was never validly and legally retired from the services of the Nigerian Army on the 9th of June, 2016, vide letter dated 9th June, 2016, issued by the Army Council pursuant to its meeting of the same date, or at any other time. A declaration that he is still a serving member of the Nigerian Army, and is to be accorded all rights and privileges that he is entitled to based on his rank and position, as provided for in the Harmonized Terms and Conditions of Service, for Officers of the Armed Forces (HTACOS) Officers (2012) Revised. He asked the court to declare that this present action in seeking justice before this Honourable Court, shall not constitute any ground to witch-hunt or victimize him upon his reinstatement to the services of the Nigerian Army. The claimant asked the court for an order declaring that his association with the purported compulsory retirement in the on-going arms deal probe and/or involvement in political partisanship, when the he was never involved, indicted, invited, questioned, detained, or interrogated in any way howsoever, by either the Presidential Probe Panel on the Arms Deal or the election Probe Panel, or be involved in any of the two scandals, is illegal, unlawful, wrongful and constitutes a gross violation of his constitutional rights. A declaration that the Claimant is entitled to public apology and compensation for the damage done to his person, his office, the lowering of his integrity, and reputation, and the psychological torture and mental agony caused him and his family consequent upon the compulsory retirement of the Claimant upon grounds that are completely unfounded, baseless, frivolous and untrue. An order setting aside the letter of compulsory retirement dated 9th June, 2016, titled, “Compulsory Retirement NA Officer Major General Ijioma Nwokoro Ijioma (N/8304)”, made pursuant to the provisions of Paragraph 09.02c(4) of the Harmonized Terms and Conditions of Service for Officers of the Armed Forces (HTACOS) 2012 Revised, issued by the Army Council, purportedly retiring the Claimant from the services of the Nigerian Army with effect from 9th June, 2016. An order directing the immediate reinstatement of the claimant to his rank and payment of all entitlements and perquisites of office due to him pursuant to the order setting aside the letter of compulsory retirement dated, 9th June, 2016. An order restraining the Respondents, whether by themselves, their agents, servants and/or privies and/or all officers, servants and functionaries of the Federal Republic of Nigeria or any other public officer, whatsoever or otherwise howsoever, from giving or continuing to give effect to the letter dated 9th June, 2016, purported to have compulsorily retired the Claimant from the service of the Nigerian Army. An order restraining the Respondents, whether by themselves, their agents, servants, privies and/or all officers, servants and functionaries of the Federal Republic of Nigeria or any other public officer, whatsoever or otherwise howsoever, from obstructing, disturbing, interfering, stopping or preventing the Applicant in any manner whatsoever, from performing the functions of his office as a serving Major General of the Nigerian Army in the last position and place of assignment, before the letter of compulsory retirement dated 9th June, 2016. An order restraining the Nigerian Army, or any other government or Security Agency from, interfering or acting by proxy, or otherwise, to intimidate, harass, arrest and/or detain the Applicant, or taking any untoward action on any fact connected with or related to the facts of this case, upon which the Applicant seeks for justice before this Honourable Court. An order compelling the Respondents jointly and severally to pay to the Applicant the sum of N1 billion (N1,000,000,000.00) only as general, aggravated, punitive and exemplary damages for the unlawful, wrongful, illegal, unconstitutional and oppressive compulsory retirement and the attendant humiliation, psychological trauma, mental agony and odium caused the Applicant and his family, by the actions of the Respondents. An order compelling the Respondents to tender a public apology in Three (3) leading National Daily Newspaper for the humiliation, embarrassment, and public odium, and obloquy caused the Applicant by the Respondents’ unlawful, illegal and wrongful compulsory retirement vide letter dated 9th June, 2016.]]>