‘Why I Will Fight On,’ Says Army Officer Battling Retirement 15 Years On

Lieutenant-Colonel Silas Santoi, would probably be a Brigadier or at least have attained the rank of a Major General in the Nigerian Army, but there was a twist of fate.

Santoi contends that he was prematurely retired. “I was unlawfully retired by the Nigerian Army, and I have not lost faith that justice will be done,” he told our correspondent in Abuja.

In January, the Economic Community of West African States (ECOWAS) court sitting in Abuja dismissed an application by Santoi, over his fight for reinstatement.

According to the court in a ruling by Justice Januaria Moreira, the applicant’s claims against the army is adjudged baseless.

“His claims are groundless and are hereby dismissed,” but curiously noted that the army did not oppose any of the claims by the plaintiff.

Narrating his ordeal, the retired army officer said he provided ‘strong evidence’ of his alleged ill-treatment by the Nigerian Army and wondered why the curious judgment when the judge noted that the defendant did not oppose any of his claims.

He disclosed that his running legal battle with the army began on return from a study leave in 2005.

The decision to go to court, he said, was due to exploring multiple channels to redress the ‘injustice,’ without any remedy.

“In the past, I have written to two former presidents, Olusegun Obasanjo and Goodluck Jonathan. I also appealed to the National Judicial Council, the 6th and 7th National Assemblies and other pro-democratic organisations in the country, seeking justice, but all to no avail.”

He said he had equally appealed to President Muhammadu Buhari through the National Council of State to intervene in the matter but, “I am yet to get justice,” he said.

Worried by the judgment of the ECOWAS court and the absence of the counsel of the Nigerian Bar Association that was supposed to hold a watching brief in the interest of justice, Santoi has petitioned the NBA’ president, Paul Usoro SAN.

In the petition titled; Petition Of Misconduct In Suit No Ecw/Ccj/App/17/18 Between Lt Col Silas Jock Santoi And The Federal Republic Of Nigeria Done By The Economic Community Court Of Justice For West African States (ECOWAS), the claimant said accused the court of manipulating the judgment and blamed this on the absence of the NBA counsel despite repeated reminders on the suit.

“I reported that I was disturbed as to the absence of the NBA representative to watch brief at the ECOWAS COURT on the 22nd November, 2018, in spite of my followed up reminder in your office and particularly to the Counsel assigned by the NBA. It resulted to the manipulation on the matter in favor of the Defendant, who had no defense before the Court to oppose my Initiating Application, the application for Default Judgment and my Final Written Address,” a copy of the petition sighted by our reporter read.

Santoi is of the view that were the NBA represented during the duration of the trial as an amicus, there was little the ECOWAS court could have done to manipulate the process.

He called on the NBA president to note; “That the matter was deliberately delayed for hearing so as to favor the Defendant after it was evidently cleared that the Defendant had refused to reply my initiating application and the application for Default Judgment in clear violation of Rule 90. Please also take note of my follow up letters of complaint to the Court,dated 19th June, 2018, 5th September, 2018 and 8th October, 2018, which were appeals for the court to commence the Oral Procedure in accordance to Rule 52.

“The Court erred in law, when it held that the Right of Fair hearing of the Applicant was not breached. This is because I clearly proved my case with sufficient evidence in my statement of fact in paragraphs 1-45 and Exhibits 1-55, which the Defendant could not controvert, challenge and oppose any of my claims.

“The Court totally erred in law, since it failed to give a comprehensive review of all the entire statement of facts placed before the court, instead in their analysis they only picked few issues to discuss in favour of the Defendant, who could not reply any of my initiating application, Application for Default Judgment and the Final Written Address that were properly filed before the court.

“That the Court totally misinterpreted the law, when it held that the allegation of Human Right Violation made by the Applicant are unproved, when the Cumulative effect of my statement of fact from Paragraphs 1-45 and Exhibits 1-55 attached in the Initiating application clearly proved that my Fundamental Human Right have been grossly breached.”

He appealed to the NBA to wade into the matter, while stressing that he will not tire to seek for remedy for his premature and unjust retirement.