- Obtain court order against AGF, EFCC
A former Chief of Army Staff (COAS), Gen. Kenneth Minimah, and two serving senior Army officers have moved to block their trial by the Economic and Financial Crimes Commission (EFCC).
The EFCC indicted them for complicity in the misappropriation of about N13. 8billion from funds provided by the Federal Government for the purchase of military hardware.
The two serving officers are one time Chief of Account and Budget, Nigerian Army, Maj.-Gen. A. O. Adetayo and ex-Director, Finance and Accounts, Nigerian Army, Brig.- Gen. R. J. Odi.
Gen. Minimah served as the COAS between January 2014 and July 2015 under the Goodluck Jonathan administration.
The EFCC said in a court document sighted by The Nation that the Committee on the Audit of Defence Equipment Procurement in the Nigerian Armed Forces (CADEF) referred a case of misappropriation to it for investigation. Air Vice-Marshal John Ode (rtd) chaired the committee.
In the course of the investigation, the anti-graft agency found that about N13,789,619,309.00 was misappropriated by Gen. Minimah, Adetayo and Odi.
It consequently proceeded to file a charge against the three generals before the Federal High Court, Abuja. The EFCC also wrote the Army authorities, requesting their release for prosecution.
On learning about the EFCC letter, Gen. Mimimah, Adetayo and Odi approached the Federal High Court, Abuja, seeking among others, an order, blocking their prosecution.
In the suit, they contended, among others, that under the Armed Forces Act, the EFCC lacked the powers to initiate criminal proceedings against them, let alone prosecute them.
They argued that the most the EFCC could do, under the Act, is to report its findings to their commanding officer, who could only charge them before a court-martial and no other court.
Listed as defendants in the suit, are the Attorney-General of the Federation and Minister of Justice and the EFCC.
Among the reliefs being sought by the plaintiffs is:
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 alleged offences of misconduct while subject to the Nigerian Armed Forces Service Law.
On December 8, the judge to whom the case is assigned, Justice Inyang Ekwo, heard an ex-parte application by the plaintiff and ordered parties to maintain status antebellum (allow things to remain as they currently are) pending the hearing and determination of a motion on notice.
Justice Ekwo ordered the plaintiffs to serve the defendants with all the processes in the case within two days of the order.
When the case came up yesterday, the defendants asked the court for time to respond to the processes filed by the plaintiffs.
Justice Ekwo adjourned till January 28, 2021 for hearing.
