•You’re not serious’–Judge tells Minimah’s Lawyer
Jude Johnson
Justice Inyang Ekwo of the Federal High Court Abuja, on Wednesday, threatened to strike out a suit filed by a former Chief of Army Staff (COAS), 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 EFCC 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 files at the Federal High Court are the Attorney General of the Federation and Minister of Justice, and the Economic and Financial Crimes Commission.
At a resumed sitting, Habiba Chime announced his appearance for the 1st defendant (AGF) while Sylvanus Tahir represented the EFCC, 2nd defendant.
Plaintiffs’ lawyer, 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.
He said he pleaded with the defence counsel and assured that by the next adjourned date, he must have completed the process and served the same on them.
Apparently not happy with the development, Justice Ekwo reminded the plaintiffs’ lawyer that the matter was filed in 2020, insisting they are “not serious” with the case.
Justice Ekwo however 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 7 days before, therefore you have not given them sufficient time to reply, I will strike out this matter” Justice Ekwo warned.
Also, Tahir said “it is with serious and great concern that I view the attitude of the plaintiff.
“They obtained an exparte order to stop EFCC from arraigning them before an FCT High Court, Tahir lamented.
Meanwhile, the court has adjourned to March 23, for further hearing.
By the suit, 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.”