The National Industrial Court (NIC) has fixed the ruling of the motion on notice brought by Major-General Ijioma of the Nigerian Army till July 26.
Ijioma is challenging his alleged retirement by the Nigeria Army Council through a letter dated June 9, 2016.
The judge, Justice Maureen Esowe, fixed the date on Thursday after hearing the submissions of parties in the matter.
Ijioma’s counsel Benson Igbanoi, who held brief for Chief Michael Ozekhome (SAN), asked the court to reinstate his client, pending the determination of the suit.
Igbanoi also asked the court to direct the respondents to put on hold the immediate stoppage of all documentation process relating to his exist entitlements.
He also urged the court to direct that the claimant’s entitlement shall commence within 90 days if the substantive suit fails.
Igbanoi argued that due process was not followed by the Nigeria Army in the purported retirement of Ijioma from service, adding that the action was unlawful and unconstitutional.
The claimant’s profession, name, reputations, family and goodwill shall suffer irreparable damage if this order is not granted.
“The claimant is desirous of serving out the remaining years of his service to his father land,’’ he said.
He said that his client has only served for 32 years, 11 months and five days, which he said, was against the mandatory 35 years service years of retirement.
Igbanoi urged the court to grant application in the interest of Justice.
“All we are asking is that let the status quo be maintained, let him go back to his duty post,’’ he said.
The respondents were neither in court nor represented.
The claimant joined the Minister of Defence, Chief of Defence Staff and Chief of Army staff as co-respondents.
Esowe, however, ordered that fresh hearing notices be served on the respondents.
