Monday, May 12, 2014

Reinstatement in Nigerian Navy case

According to this news report, the Nigerian Senate has ordered the reinstatement of Lieutenant Yahaya Tafida Yakubu, a naval officer whose court-martial conviction for conspiracy and theft of diesel fuel was set aside in 2001 by the Court of Appeal. That court had not ordered him reinstated; instead the Navy simply retired him. The Senate's action, originally requested in 2011, will presumably entitle him to considerable back pay, and he can elect to be retired now. The news report states:
The Appeal Court was said to have noted that the members of the General Court Martial violated the right to fair hearing as they did not take oath or sign the judgement.
Consequent upon receiving the Court of Appeal judgment, the Nigerian Navy sent a letter to Yakubu that his dismissal had been converted to retirement because his services were no longer required.
The Senate resolution gave important make-whole relief:
“The Senate also considered the report of the Committee on Ethics, Privileges and Public Petition in respect of the unlawful dismissal of Yahaya Tafida Yakubu (Lt Rtd) from the Nigerian Navy. It further resolved that Yahaya Tafida Yakubu be reinstated back to service on the same rank and seniority with his contemporaries still serving in the Armed Forces and be voluntarily retired with full benefits as a Navy Captain,” the report said.
In U.S. military pay litigation, retroactive promotion is possible only if the claimant has a clear, nondiscretionary right to the promotion. Such cases are rarer than hen's teeth.

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