A Federal High Court sitting in Abuja, on Wednesday, threatened to strike out a suit filed by a former Chief of Army Staff, Lt.-Gen. Kenneth Minimah and two others.
Minimah in the suit, is challenging the validity of a criminal charge instituted against them by the Economic and Financial Crimes Commission, (EFCC) at the FCT High Court.
Others are a one-time Chief of Accounts and Budget of the Nigerian Army, Maj.-Gen. A. O. Adetayo, and the former Director, Finance and Accounts of the Nigerian Army, Brig. -Gen. R. I. Odi.
The anti-graft agency filed criminal charge against three over alleged diversion of over N13 billion, meant for procurement of arms.
The defendants, named in the suit are the Attorney- General of the Federation and Minister of Justice, as well as the Economic and Financial Crimes Commission.
At the resumed sitting, the plaintiffs’ counsel, Mr Efut Okoi, told the court that they were in the process of filing their statement of claims.
“We were filing our statement of claims when one of the deponents became indisposed and that caused a delay in the process”, he said.
He however, told the court that he pleaded with the defence counsel, and assured that by the next adjourned date, he would have completed the filing process, and served same on them.
Counsel to the EFCC, Mr Sylvanus Tahir, said he was worried over the lackadaisical manner in which the plaintiffs were approaching the suit.
“They obtained an ex parte order to stop EFCC from prosecuting them before an FCT High Court for a criminal charge, after investigations were concluded since 2017,” Tahir lamented.
Justice Inyang Ekwo, however, not pleased with the explanation of the plaintiffs’ counsel, reminded him that the matter was filed since 2020, adding that it appeared they were not serious with the case.
The judge threatened to strike out the suit if by the next adjourned date, the plaintiffs’ lawyer did not file and serve his processes on the defendants.
“If on the next adjourned date, you say you have just served them, or that you served them seven days before, therefore you have not given them sufficient time to reply, I will strike out this matter,” Justice Ekwo said.
Justice Ekwo later adjourned the matter until March 23 for hearing.
The News Agency of Nigeria (NAN) reports that Minimah and his co-plaintiffs, are asking the court for the following reliefs:
“A declaration that in view of Sections 113, 114 (1), (2) 8(3), 123, 124, 126(1), (2) 8(4) and 270 of the Armed Forces Act, Cap A20 Laws of the Federation of Nigeria, 2004, no court, other than a Court Martial, can entertain any charge against any of them.”
“An order restraining the defendants whether by themselves, agents, privies, servants, or whosoever called from investigating, charging, arraigning and or prosecuting them for any alleged offences or misconduct while subject to the Nigerian Armed Forces Service Law.”
They also insisted that they had reached a non-prosecutorial agreement with the EFCC, which shielded them from being prosecuted in the normal court, a claim Tahir said they failed to provide evidence to back it.
