The Court of Appeal in Abuja has dismissed the objection by the Nigerian Army in the suit challenging the alleged illegal retirement of Major General Ibrahim Sani.
A three-man panel of justices led by Justice Abubakar Datti Yahaya, approved the application by Sani’s counsel Magaji Mahmud (SAN) seeking leave to extend the time within which to appeal the interlocutory rulings and judgement of the Special Court Martial, which convicted him.
The court refused objection by army counsel, Kehinde Akinlolu (SAN) against the leave for the appeals.
Gen. Sani is challenging the decision of the Special Court Martial set up by the Chief of Army Staff, which on July 20, 2017 convicted him on fraud charges and was purportedly affirmed by the Army Council on November 4, 2017.
The suit is an appeal against the ruling of the court martial and two letters from the headquarters of the Nigerian Army, Ministry of Defence with Reference number: AHQ DOAA/GI/300/197 dated 17 November and signed by Major General F.O. Agugo titled: ‘Third Army Council Decision for Implementation Maj Gen I Sani (N/7361)’.
There was also another letter signed by Brig. General F. Yahaya, the Acting Military Secretary headquarters for the Nigerian Army with reference number: AHQ MS/GI/226 dated November 23, 2017 captioned: ‘Notification of Retirement: Age Ceiling on Rank Brigadier General Ibrahim Sani (N/7361).’
Both letters had advised the applicant to "apply for voluntary retirement on ground of Age Ceiling on rank pursuant to paragraph 02.10 (B) of Harmonised Terms and Conditions of Service (HTACOS) for officers 2012 (Revise)."
The appellant was specifically tried on offences bordering on service property, making of false documents and cheating punishable under sections 56(2), 66(a), 90(a) and 113(a) of the Armed Forcee Act (AFA) Cap A20, LFN, 2004.
The court has reserved date for continuation of hearing.