A Federal High Court sitting in Abuja, on Wednesday, threatened to strike out a suit brought before it by a former Chief of Army Staff, Lt. Gen. Kenneth Minimah and two others, challenging the propriety of a criminal charge instituted against them by the Economic and Financial Crimes Commission (EFCC).
Other plaintiffs alongside Minimah are a one-time Chief of Accounts and Budget of the Nigerian Army, Maj. Gen. A. O. Adetayo, as well as the former Director, Finance and Accounts of the Nigerian Army, Brigadier Gen. R. I. Odi.
The anti-graft agency had filed a criminal charge against the three former Army Chiefs over alleged diversion of N13 billion meant for procurement of arms.
Defendants in the suit filed at the Federal High Court are the Attorney General of the Federation (AGF) and Minister of Justice, represented by Habiba Chime and the EFCC, which was represented at Wednesday’s proceedings by
Sylvanus Tahir.
Plaintiffs’ counsel, Efut Okoi recalled that on the last adjourned date, the court directed them to put their houses in order, assuring that they have done same, and are in the process of filing their statement of claims.
Okoi told the court that in the process of filing the statement of claims, one of the deponents was indisposed and that caused a delay, therefore, pleaded with the defence counsel that he will complete the service of the processes before the next adjourned date.
Apparently not happy with the development, Justice Ekwo reminded the plaintiffs’ lawyer that the matter was filed in 2020, insisting that, they are “not serious” with the case.
The Judge threatened to strike out the suit if, on 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”, the trial Judge, Justice Inyang Ekwo warned and adjourned the matter till March 23, 2022, for hearing.
Minimah and his co-plaintiffs are praying for “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 Court Martial can entertain any charge against any of them.
They want “An order restraining the Defendants whether, by themselves, agents, privies, servants, or howsoever called from investigating, charging, arraigning and or prosecuting the Plaintiffs for any allege offences or misconduct while subject to the Nigerian Armed Forces Service Law.”
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