Retired General Detained For 64 Days Sues Nigerian Army, Others For Compulsory Retirement; Seeks Over ₦200Billion In Damages

A retired Nigerian Army Major General, Danjuma Hamisu Ali-Keffi, has instituted a multi-billion lawsuit at the National Industrial Court of Nigeria (NICN), Abuja, against the Nigerian Army, the Chief of Army Staff, the Nigerian Army Council, the Chief of Defence Staff, the Armed Forces Council, the Minister of Defence, and the Attorney-General of the Federation.

In the suit, the defendants are formally listed as the 1st through 7th respondents, respectively.

The suit, registered as SUIT NO: NICN/48/399/2025, targets the entire top hierarchy of Nigeria’s military and defence establishment.

Ali-Keffi alleges that he was subjected to unlawful arrest, prolonged detention, torture, denial of a fair hearing, and what he describes as a dishonourable compulsory retirement. 

He notes that these actions were carried out in violation of the Constitution, the Armed Forces Act, and existing military regulations.

Ali-Keffi, who was appointed in October 2020 by the late President Muhammadu Buhari to head a covert Presidential Task Force, Operation Service Wide (OSW), has repeatedly raised serious allegations concerning the release of terrorism financing suspects while they were under military custody.

OSW, composed of personnel from the military, security and intelligence agencies, as well as legal officers from the Office of the Attorney General of the Federation, was tasked with arresting, investigating, and prosecuting financiers, sponsors, and collaborators of terrorist organisations, as well as capturing or eliminating terrorist leaders.

In a recent interview with SaharaReporters, Ali-Keffi lamented the release of all terrorism financing suspects in Army custody and his detention for 64 days.

According to the court documents, Ali-Keffi was arrested on October 18, 2021, and detained until December 21, 2021. 

He claims that throughout this period, he was never formally informed of any allegations against him, never charged with any offence, and never subjected to any disciplinary proceedings, court-martial or trial before a court of competent jurisdiction.

In his claims, Ali-Keffi insists that the arrest and detention violated his fundamental right to personal liberty as guaranteed under Section 35 of the 1999 Constitution (as amended). 

He further alleges that the harsh conditions of detention led to a physical collapse that required hospitalisation for three days, amounting to torture and inhuman or degrading treatment contrary to Section 34 of the Constitution.

The claimant is also asking the court to declare that his prolonged detention without arraignment or disclosure of allegations breached his right to fair hearing under Section 36 of the Constitution.

Ali-Keffi’s legal action traces his military career back more than three decades. Born on January 29, 1966, he enlisted into the Nigerian Army on September 21, 1986, as a cadet of the 38 Regular Course at the Nigerian Defence Academy, Kaduna. 

He was later trained at the Royal Military Academy, Sandhurst, United Kingdom, where he graduated on December 13, 1991, and was commissioned as a Second Lieutenant.

Over the years, he rose steadily through the ranks, from Lieutenant to Captain and beyond, eventually attaining the rank of Major General on or about September 21, 2018. 

He claims to have served Nigeria with distinction, earning several recognitions, awards and honours for gallantry and service, details of which he has attached to his court filings.

Central to the dispute is his role as Commander of OSW, a strategic counter-terrorism operation described in the suit as a presidential covert mission against terrorism and insurgency.

Ali-Keffi maintains that his appointment to lead OSW was approved by then President Buhari, with the approval extended in July 2021 to run until June 2022.

Despite this presidential backing, the claimant says he was relieved of his appointment as General Officer Commanding (GOC) 1 Division on August 8, 2021, and reposted to the Nigerian Army Resource Centre by the then Chief of Army Staff, Lt. Gen. Faruk Yahaya (rtd).

After 64 days in detention, Ali-Keffi says he was released on December 21, 2021, at about 6:00pm.

However, his freedom came with a shock. He was handed a letter conveying his compulsory retirement from the Nigerian Army with immediate effect.

The letter, dated December 21, 2021, was signed by then Brigadier General J.H. Abdulsalam in his capacity as Military Secretary. 

It cited provisions of the Harmonised Terms and Conditions of Service for Officers 2017 (Revised), specifically paragraphs dealing with compulsory retirement for incompetence or disloyalty to constituted authority.

Ali-Keffi argues that the retirement amounted to a dishonourable dismissal imposed without due process. 

He insists that at no time was he charged with incompetence or disloyalty, queried, investigated by any panel, or tried by a court-martial. He maintains that no finding of guilt was ever made against him for any service offence.

In the suit, the retired general describes his compulsory retirement as an act that stripped and disgraced him after more than 30 years of meritorious service. He contends that the action violated not only Section 36 of the Constitution but also the Armed Forces Act and established military disciplinary procedures, which require fair hearing and, in appropriate cases, trial by court-martial.

He further alleges that following his detention and retirement, he and his family began receiving death threats, forcing them to live in constant fear. 

As a result, he claims to have undertaken at least eight unplanned trips to the United Kingdom and Saudi Arabia as a security precaution, a lifestyle change he says has drained him financially and caused severe emotional and psychological trauma.

Ali-Keffi is asking the National Industrial Court to award ₦100 billion as compensatory damages for unlawful arrest and detention, torture, breach of fair hearing, violation of due process and psychological trauma. 

He is also seeking another ₦100 billion as punitive and exemplary damages for what he describes as the oppressive, arbitrary and unconstitutional actions of the defendants.

In addition, he is claiming ₦120 million as special damages, representing allowances he says would have accrued to him from January 2022 to January 2026, when he would have attained the mandatory retirement age of 60, at the rate of ₦2.5 million per month.

The claimant is also asking the court to set aside and nullify the letter of compulsory retirement, declare it unconstitutional and of no effect, and order the defendants to treat him as having voluntarily retired from service upon attaining the age of 60. 

He is seeking full payment of all pensions, gratuities, terminal benefits and entitlements due to an officer of his rank and length of service, with 10 per cent interest per annum until final liquidation.

The Claimant claims against the Defendants jointly and severally include: "A DECLARATION that the arrest, detention of the Claimant from the 18th October 2021 to the 21st December 2021, for a period of sixty-four days (64) days, without formal notice of allegations, without charge, disciplinary proceedings, trial or court-martial, constitute a breach of the Claimant's fundamental right to personal liberty as guaranteed under Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

"A DECLARATION that the prolonged detention of the Claimant for sixty-four (64) days under harsh conditions, resulting in physical collapse and hospitalization for three (3) days constitutes torture and inhuman or degrading treatment and a violation of the Claimant's right to dignity of the human person as guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

"A DECLARATION that the arrest and prolonged detention of the Claimant for sixty-four (64) days without formally charging the Claimant, disclosing the allegations against the Claimant, arraignment before a court-martial or court of competent jurisdiction, constitutes a breach of the Claimant's fundamental right to fair hearing as guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

"A DECLARATION that the arrest, prolonged detention and compulsory retirement of the Claimant without complying with mandatory military disciplinary procedures, including the convening of a court-martial prior to imposing the punitive and dishonourable dismissal of compulsory retirement, amounts to a violation of due process.”

“AN ORDER awarding the sum of N100,000,000,000.00 (One Hundred Billion Naira) as general damages against the Defendants jointly and severally for wrongful compulsory retirement, reputational damage, loss of professional standing and hardship suffered by the claimant,” the claimants says. 

"AN ORDER awarding the sum of N100,000,000,000.00 (One Hundred Billion Naira) as punitive and exemplary damages against the Defendants jointly and severally for oppressive, arbitrary and unconstitutional exercise of their statutory powers.

"AN ORDER awarding the sum of N120,000,000.00 (One Hundred and Twenty Million Naira) as special damages in favour of the Claimant being the total sum of allowances that would have accrued to the Claimant from January 2022 - January 2026 at the rate of N2,500,000.00 (Two Million Five Hundred Thousand Naira) per month from the period of the Claimant's purported compulsory retirement till the 29th of January 2026 when the Claimant would have attained the age of 60 years.”

The claimant is also asking the court for "AN ORDER awarding 10% interest on all outstanding monetary entitlements/allowances/emoluments until final liquidation by the Defendants.

"10% interest per anum on the total judgment sum until final defrayment thereof.

"COST OF THIS ACTION assessed in the sum of N20, 000, 000.00 (Twenty Million Naira)."