Former Chief of Army Staff, Kenneth Minimah, sues EFCC

Lt.-Gen. Kenneth Minimah, a former Chief of Army Staff has instituted a suit against the Economic and Financial Crimes Commission over criminal charges proffered against him by the anti-graft agency.

While the former COAS and two others are the plaintiffs in the suit, Abubakar Malami, the Attorney General of the Federation and Minister of Justice alongside the EFCC are the defendants in the suit.

The EFCC had proffered criminal charges against the defendants over the alleged diversion of N13 billion meant for procurement of arms.

What happened in court

• Mr Efut Okoi, counsel to the plaintiffs informed the court that all the processes had been served on all the defendants in the suit.
• Ms Habiba Chime and Mr Mohammed Buba counsel to the defendants confirmed to the judge that counsel to the plaintiffs had served the processes.
• Mr Okoi then told the judge that he has three witnesses who will give evidence in the matter.
• Justice Iyang Ekwo adjourned the matter till June 8, 9 and 10 for definite hearing.

What you should know

• The plaintiffs are challenging the validity of a criminal charge proffered against them by the EFCC at the FCT High Court, Abuja.
• The other plaintiffs in the suit included; a one-time Chief of Accounts and Budget of the Nigerian Army, Major General A. O. Adetayo, and the former Director, Finance and Accounts of the Nigerian Army, Brig General  R. I. Odi.

The plaintiffs sought the following among other 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 from investigating, charging, arraigning and or prosecuting them for any alleged offences or misconduct while subject to the Nigerian Armed Forces Service Law.”