‘Ex’-Capt Charles Ekeagwu V. The Nigerian Army & Anor

Subject Matter:

Employment – Armed Forces – Compulsory Retirement – Whether lawful

Employment – Compulsory Retirement – Reinstatement and other remedies

Employment – Armed Forces – “Harmonised Terms and Conditions of Service for the Nigerian Armed Forces Officers” considered

Appeal: Fate of a decision of the Court of Appeal not supported by evidence before it

“ From the record therefore there is no iota of evidence that appellant was paid his retirement benefits following his compulsory retirement vide exhibit 7. The holding by the lower court that appellant was paid his retirement benefit is clearly not supported by evidence on record and I consequently hold that the said holding or finding is perverse and consequently subject to being set aside.”

– per Walter Samuel Nkanu Onnoghen, JSC

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