Alleged N13.8bn fraud: AGF asks ex-COAS Minimah, others to submit selves for trial
By ALEX ENUMAH, Abuja
Justice Inyang Ekwo of the Abuja Division of the Federal High Court has temporarily stopped the planned trial of a former Chief of Army Staff (COAS), Lt. Gen. Kenneth Minimah (rtd), and two senior Army officers over allegations bordering on diversion of public funds to the tune of N13.8 billion.
Justice Ekwo, in a ruling on an ex-parte application by Minimah and the two other applicants, also ordered the parties to maintain the status quo ante bellum, pending the hearing and determination of the plaintiffs’ pending motion for interlocutory injunctions.
The other two are Major General A. O. Adebayo (ex-Chief of Accounts and Budget, Nigerian Army) and Brigadier General R. I. Odi (ex-Director, Finance and Accounts, Nigerian Army) .
The Economic and Financial Crimes Commission (EFCC) had filed charges against the applicants for allegedly misappropriating the sum of N13,798,619,309 from funds provided by the federal government for the purchase of military hardware.
It should be stated that while Minimah served as the COAS between January 2014 and July 2015, Adebayo and Odi are still in service.
According to court document sighted at the weekend, the EFCC is acting upon a report of misappropriation brought to it by the Committee on the Audit of Defence Equipment Procurement in the Nigerian Armed Forces (CADEF) chaired by Air Vice Marshal (AVM) Jon Ode (rtd).
It added that in the course of the investigation, it found that about N13,789,619,309.00 was misappropriated by Minimah, Adetayo and Odi.
The EFCC then filed a charge against the three before the High Court of the Federal Capital Territory (FCT).
The anti-graft agency in addition wrote the Army authorities, requesting their release for prosecution.
But, on learning about the EFCC’s request for their release, Mimimah, Adetayo and Odi filed a suit before the Federal High Court, Abuja, querying among others, their planned trial before a civil court.
In the suit filed by their lawyer, Mahmud Magaji (SAN), they are contending 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 (AGF) and Minister of Justice and the EFCC.
Shortly after the filing of the suit, Justice Ekwo heard an ex-parte motion moved by Magaji and ordered parties to maintain status quo 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 on December 8, Magaji told the court that the case was for mention and that parties have filed all necessary processes, which lawyers to the AGF and EFCC — Habiba Chime and Sylvanus Tahir — confirmed.
Magaji noted that the earlier order of the court for parties to maintain the status quo pending the hearing and determination of the motion for injunction still subsists since the motion was yet to be heard.
He prayed the court to allow the parties return on January 14 and 15 for the hearing of the motion and the substantive suit.
Ruling, Justice Ekwo agreed with the plaintiffs’ lawyer and adjourned till January 14 and 15 for hearing.
The judge ordered the parties to file and exchange all necessary processes before then. (Courtesy THISDAY: Text, excluding headline)
