The National Industrial Court, Abuja, on Thursday dismissed the suit filed against the Nigerian Army and Chief of Army Staff, by retired Col. Feyisetan Kayode, for being statute barred.
Kayode had challenged his compulsory retirement by the Nigerian Army, and urged the court to declare the purported retirement as null and void.
He also sought for re-instatement and payment of his salaries and benefits from the time of the purported retirement till date.
Justice Sanusi kado, in his judgment, dismissed the suit for being incompetent and not conforming with the rules of the court.
Kado also held that the action was statute barred by virtue of Section 2(a) of the Public Officers (Protection) Act, 2004.
The section of that Act states that any counter-action against public officers should be instituted within three months.
The defence counsel, Felix Umar, had said that the claimant who received his letter of retirement on June 9, 2016, did not institute the suit until Jan. 7, 2017.
Umar further submitted that this action was instituted after seven months of the action, contrary to the provisions of Public Officers Protection Act.
The claimant’s counsel, James Abah, said that his client was compulsory retired because he restricted the movement of a certain individual during the 2015 election.
Abah said that the claimant was only performing his duty, adding that to forcefully retire him amounted to injustice.