Nigerian general withdraws case against Army council after restoration of rank

Military court martial [Photo: Newspeakonline]

A Nigerian Army officer, Patrick Falola, who was demoted from the rank of Major General to Brigadier-General September last year, on Tuesday withdrew the case he filed over the demotion at the Court of Appeal, Abuja.

The development followed the restoration of Mr. Falola to the rank of Major General by the Army Council, PREMIUM TIMES learnt.

A military court martial had last year found Mr. Falola, who is the director, 68 Military Reference Hospital, Yaba, Lagos State, guilty on a two-count charge for allegedly using the military facility for training clinical students from Espan Formation University, Cotonou, Benin Republic, without permission from higher authorities.

Mr. Falola subsequently wrote a petition against the judgement of the court martial and filed an appeal before the Court of Appeal.

However, on Tuesday, his counsel, Enokela Onyilo-Uloko, a retired Wing Commander, and legal representative of the general, announced the decision to withdraw the appeal.

“Today we are here to withdraw the appeal; we are no longer maintaining any appeal against the Nigerian Army, we are grateful to them for hearing our protest,” Mr. Onyilo-Uloko told the appellate court.

“We wrote a petition to the Army Council, we wrote a petition to the relevant authorities, and we also filed appeal at the Court of Appeal. Of recent, the Army Council met and reversed the decision of the Court Martial and then his rank was restored.

“He is still now a Major General but they severely warned him and it ends there. Now he can go on serving the army at the rank of Major General and also retire with full benefit at the rank of Major General when it is time.

“To this effect, I am here to withdraw the appeal we have filed in respect of the case. This is because it is no longer necessary.

“We are also very grateful to the Army Council for reversing the decision of the Special Court Martial. We are particularly very grateful to the Minister of Defense, Chief of Defense Staff, Chief of Army Staff and we are also grateful to the Director of Legal Services of the Nigerian Army, who actually ensured that his team worked round the clock to make good recommendations to the Army Council concerning our case.

“We are also particularly very grateful to the following people too: the Chief of Administration of the Nigerian Army, Judge Advocate at the Court Martial. We are also grateful to the prosecutor too who also saw reason with us in our struggle and all those that have contributed one way or the other to the pleasant ending of this case. We are also very grateful to the press who have done us a good job, they stood by us throughout the whole time,” the counsel said.

The retired wing commander noted that appeals cannot be withdrawn automatically, but must follow a motion being moved.

“We are waiting to move the motion; that is why we are here for now. But the case is presumably withdrawn,” he added.

Efforts made to confirm the defense counsel’s claims were unsuccessful as the army’s spokesperson did not return calls and messages by our reporter.


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  • ukoette ibekwe

    Nigeria can be such a sickening place. You went to court and perhaps due to fighting back your client’s rank was restored and instead of being happy that you won you are grateful to those who probably wrongly penalized your client. This spirit of servitude in this country is sickening and gets me nauseated sometimes.

  • ukoette ibekwe

    You are pitiful to say the least. Are we running. 21st century constitutional society or one where supposed elders punish whom they wish and validate those who postrate before them. All the people who were alleged to commit one crime or another have all been sanitized after paying lip service to APC. Trudge on in darkness and delude yourself that this is a meaningful way to run a society. If I may ask, how is this philosophy of government working for us since the Europeans left in 1960. We keep doing the same thing over and over again and come out with negative results and hope that God is going work magic on our stupidity.
    I don’t mind you castigating me. However, I’m not Igbo. But I don’t think you or your culture is better than that of the Igbos.

    • Augustine

      Ibekwe is igbo name. You have been playing 419

      • ukoette ibekwe

        And your supposed name is Augustine, I guess you are a Catholic saint. Why don’t you take time to learn about Nigeria, that is, if you are a Nigerian.