By Vivian Okejeme, Abuja
The Federal High Court Abuja, has threatened to strike out a suit filed by a former Chief of Army Staff, Lt. Gen. Kenneth Minimah, and two others, challenging a criminal charge instituted against them by the Economic and Financial Crimes Commission(EFCC).
Justice Inyang Ekwo held that, if by the next adjourned date, the plaintiffs’ lawyer did not file and serve his processes on the defendants, the court will discountenanced the suit.
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.
Minimah and others 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.”
The anti-graft agency is prosecuting the three former Army Chiefs on a criminal charge over alleged diversion of N13billion meant for procurement of arms.
When the matter was called up, yesterday, counsel to the plaintiff, 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.
He further explained that, in the process of filing the statement of claims, one of the deponents was indisposed and that caused delay.
Therefore, he pleaded with the defence counsel, and assured that by the next adjourned date, he must have completed the process and serve same on them.
On the bench ruling, Justice Ekwo insisted that the plaintiffs are ‘’not serious’’ with the case, which was filed in 2020.
Consequently, the court 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 giving them sufficient time to reply, I will strike out this matter” Justice Ekwo warned.
Reacting, counsel to the EFCC, Sylvanus 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.
The matter is adjourned to March 23, for hearing.
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